Abstract: In 2001, when China amended Marriage Law of the People's Republic of China, which was enacted in 1980, the system of divorce damage compensation was formulated in Article 46. Over the next 10 years, although in a large number of divorce cases damage compensations were claimed in the practice, it was rare for this article to be quoted as judging foundation. One of the most important reasons is that it is hard to determine the amount of compensation. To solve this problem, to clarify the nature of the divorce damage compensation is helpful. When a divorce happens, both the tort and the breach of contract happen. The breach of contract make the no-fault party lose the expectance about marriage, and that should be included in the compensation.