12 Years of Marriage... Betrayal Felt by a Proud Wife
"Possibility of 'Infidelity' Even Without Physical Relationship"
A husband is frustrated as his wife, caught dating a male coworker, boldly claims that there was 'no physical relationship.'
Recently, on YTN Radio’s ‘Attorney Jo Inseop’s Counseling Room,’ a story was shared by Mr. A, a man married for 12 years with a 10-year-old daughter. Mr. A introduced his family, saying, “Like other families, we have built small memories and lived happily in our own way.”
The problem arose after Mr. A discovered his wife’s old cellphone. He said, “I took out my wife’s old phone to make an album of photos from when our child was young, and by chance, I saw a note she had written. It didn’t say who it was addressed to, but it was a breakup message saying ‘We can no longer meet.’”
He added, “I had a bad feeling at that moment. Even though I tried to shake off my suspicion, it was not easy, so I secretly waited in front of her company and followed her. My wife, who said she had a company dinner, was drinking alone with a male coworker near the office. On a day off, she even went to the movies with that coworker.”
He continued, “I was trembling with betrayal. When I confronted her, she was rather confident. She said he was just an ‘office husband,’ and that aside from drinking and watching movies together, nothing else happened.”
Mr. A asked attorney Kim Soyeon, who appeared as a panelist, “My wife, who claims to have done nothing wrong and speaks confidently about their relationship, feels like a different person. Can I claim alimony from my wife and her office husband?”
Attorney Kim explained, “Usually, people think that an adulterous act only means a physical relationship, but that is not necessarily the case. All unfaithful acts that violate the marital duty of fidelity are included.”
She added, “The court considers the degree and circumstances of the unfaithful act case by case. In this case, it is not confirmed whether it reached a physical relationship, but considering the context, even if it did not lead to adultery, there is a possibility that it will be recognized as a breach of the marital duty of fidelity.”
When Mr. A said he wanted to raise his daughter, she replied, “The child’s welfare and stability are the top priorities in deciding custody. Even a spouse who committed an unfaithful act can be a responsible parent, so the wife can be the child’s legal guardian and custodian.”
However, she also advised, “There are many cases where the unfaithful spouse neglects the child. Since the spouse is responsible for the breakdown of the marriage, they bear significant responsibility for creating a divorced family. Therefore, it is difficult to say that this is completely irrelevant in custody disputes.”
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