Abstract:As the development of feminist movement, a large number of women flood into workplace. However, this trend does not change the well-know breadwinner-homemaker pattern; working wives still are responsible for most even all of the household chores. New Home Economists explain this sexual division of labor into individual rational choice using Comparative Advantage Theory claims the nation (law) stay away. Feminist scholars challenge Comparative Advantage Theory; believe sexual division of labor is the result of social construction; regard this kind of division as unfavorable to women and claim for admitting the value of housework. Comparative Advantage Theory is not available to China according to the status quo of family structure in China. It is better for China's legislation to adopt the feminist scholars' perspective and improve the divorce compensation system.