In one divorce case handled by Kigali-based family lawyer Marie-Louise Mukashema, the court asked for written evidence to support a spouse’s claim for unpaid care work compensation.

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In response, the spouse presented a passport showing that their partner had been out of the country for nearly five years, a period during which they were solely responsible for managing the household.

In another case, a claimant showed that they had resigned from formal employment to care for an elderly parent and submitted an official resignation letter as evidence.

These examples show how lawyers and courts are trying to apply one of the newest aspects of divorce cases: compensation for unpaid care work, stipulated in the new family law that passed mid last year.

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When the law was gazetted, one of the questions raised was unpaid care work. For example, how is it measured, and what evidence should be presented?

Unpaid care work includes tasks such as childcare, cooking, household management, and supporting family members, activities that often go unrecognised in financial terms.

Under the Family Law of July 2024, a spouse who contributed to the household through unpaid care work may be entitled to 10 to 39 per cent of shared property, after deducting any debts accumulated during the marriage. However, assessing this contribution is not automatic.

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How it is measured:

In the process of ruling, Mukashema says, judges require documentation or proof to substantiate claims.

For instance, if a spouse claims to have stopped working to manage the household, they must provide records or testimony supporting this. If someone cared for a sick family member, medical proof may be needed. Even long-term absence or financial contributions must be documented, she said.

"Every claim is assessed based on what actually happened, just pausing work does not automatically mean someone performed unpaid care work, the intensity and impact of the tasks are carefully considered.”

Mukashema said this approach ensures fair recognition of contributions that are often invisible, promoting equity between spouses. It also highlights the economic value of domestic labour, ensuring that those who dedicate time to managing households and nurturing families are not left disadvantaged during divorce proceedings.

Beyond the courtroom, civil society organisations say this legal approach aligns with ongoing efforts to raise awareness and reduce the burden of unpaid care work at community level.

She also noted that it is not assumed that all spouses automatically qualify for unpaid care work compensation.

She pointed out that many disputes arise when one spouse claims they took on more household responsibilities than the other and should therefore receive a larger share of marital assets.

Findings of a study by ActionAid Rwanda showed that women continue to shoulder the majority of unpaid care responsibilities.

Clare Katwesigye, the Head of Women’s Rights and Advocacy at the organisation, said the push for considering unpaid care work in divorce cases is not about direct payment or financial benefits, but to ensure it is recognised as real work with economic value and shared more fairly within households.

"The real challenge is that this work is often not recognised as work at all, yet it takes time and has clear economic value,” she said.

Through community sensitisation, the organisation has encouraged men and children, both boys and girls, to participate in household tasks, challenging the perception that care work is solely a one gender’s responsibility.

Katwesigye also said unpaid care work is gradually gaining the recognition it deserves, both legally and socially, contributing to fairer divorce outcomes and more equitable households.