"You Can Receive Compensation for Mental Suffering"
A story has been shared about a woman whose marriage fell apart due to her husband being excessively dependent on his mother, a so-called ‘mama boy’.
According to YTN Radio’s “Attorney Jo In-seop’s Counseling Room” on the 21st, the 40-something woman, A, and her husband, B, felt they were destined for each other and proceeded with their marriage.
A said, "Unlike the men I had met before, my husband understood a woman’s feelings well and gave thoughtful gifts," adding, "He hadn’t dated many women, but he somehow perfectly understood my heart, so I thought this was true love."
At that time, her mother-in-law also liked A from the first meeting, saying, "If my son ever upsets you, tell me."
Everything changed after their honeymoon. A encountered an unexpected situation when she realized belatedly that her husband was a ‘mama boy’.
A said, “My husband talked on the phone with his mother for over three hours. It seemed like he was telling her everything that happened during the honeymoon,” adding, “I also heard that his mother cried because she couldn’t reach him by phone while we were traveling.”
There was another shocking incident for A. Her husband said he wanted to go back to his parents’ house quickly to get his toenails cut.
She said, “What shocked me was that my husband said, ‘My toenails are long and uncomfortable. I want to go back to my parents’ house quickly to get them cut,’” adding, “It turned out he was a serious mama boy who couldn’t even cut his own toenails.”
She continued, “I wanted to resolve the issue through conversation with my husband, but he got scared and ran away to his parents’ house with his bags packed,” adding, “His mother even said, ‘Since you haven’t registered your marriage anyway, let’s just pretend the marriage never happened.’”
She said, “Now that things have come to this, I feel like I was tricked into a fraudulent marriage and it’s absurd,” and asked for advice, “Can I claim alimony from my husband?”
Attorney Moon Ji-young, who appeared on “Attorney Jo In-seop’s Counseling Room,” advised, “A formed a marital community with the intention of marriage, but since they only did not register the marriage, they were in a de facto marriage relationship,” adding, “She can receive alimony for mental distress.”
Attorney Moon pointed out, “The husband unilaterally demanded separation and dissolution of the marriage relationship without any special fault on A’s part,” adding, “This can be seen as neglecting the minimum duties required of a spouse in a marital relationship.”
She emphasized, “Since this (the husband’s behavior) was the decisive trigger for the breakdown of the de facto marriage relationship, the main responsibility for the breakdown lies with the husband.” She also said that A could claim damages from her husband for wedding expenses, honeymoon costs, and more, in addition to alimony.
Attorney Moon explained, “In cases where a de facto marriage relationship breaks down in a short period, damages can be claimed against the party responsible for the breakdown in light of the principles of good faith and equity.”
She added, “Amounts paid under the name of deposit for a lease, gifts, wedding ceremony, and other expenses incurred for married life can be claimed, and if there are household items purchased at one’s own expense, their return can also be requested.”
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