Property division upon divorce applies to marital property formed after marriage
Preliminary injunction for child support can be requested during divorce litigation
A husband's demand for divorce from his wife after she gave birth to their third child has sparked outrage among netizens.
On the 21st, YTN Radio's 'Attorney Jo In-seop's Counseling Center' reported the story of Ms. A, who has three children with her husband. Ms. A claimed that her husband unilaterally notified her of his intention to divorce while she was recovering from childbirth after giving birth to their third child.
According to Ms. A, the couple began their newlywed life in a company-provided house from the husband's workplace. However, as the saying goes, "Marriage is reality," the in-laws, who had been affectionate before the wedding, began to constantly criticize Ms. A after the marriage, saying things like "You haven't done anything." Not only the in-laws but also the husband scolded Ms. A, accusing her of "just playing around." At that time, Ms. A had no choice but to become a full-time housewife due to a career break while raising two children.
Due to the ongoing criticism, Ms. A entrusted the children to daycare and worked part-time whenever she had time to earn living expenses. The husband managed his own income and would give Ms. A 300,000 to 500,000 KRW when living expenses were insufficient. Later, the couple succeeded in purchasing a house, and the birth of their third child was a double celebration. However, while Ms. A was recovering at her parents' home after childbirth, the husband demanded a divorce, saying, "I'm fed up with earning money alone."
Ms. A said, "I have been living suffocatingly, and although I want to divorce immediately, the thought of raising three children alone is overwhelming," adding, "I am curious about how property division should be handled since we bought a house after marriage." She also asked, "I want to know if not preparing a dowry and wedding gifts before marriage would negatively affect property division."
Netizens who read the story responded with comments such as, "If the husband has economic control, custody of the children might also go to him. Check custody issues before property division," "The sudden change in the husband's attitude is suspicious. Could he be having an affair?" "It must have been difficult to decide on divorce with three children between them. It seems necessary to hear both sides before making a judgment," and "The children are pitiful."
Regarding the case, Attorney Park Kyung-nae (Shinsegae Law Firm) stated, "It does not appear that the marriage between the couple has reached a breakdown. Even if the marriage breakdown is recognized, there is no special fault attributable to Ms. A," advising, "The property subject to division upon divorce is the joint property formed by the couple's combined efforts, and property earned before marriage is not included in joint property." He added, "Not preparing dowry and wedding gifts before marriage does not negatively affect property division. Rather, the husband's and his family's criticism and verbal abuse regarding this matter constitute 'unfair treatment' under Article 849, Clause 3 of the Civil Act, and Ms. A can claim compensation."
Regarding child support, he said, "Since Ms. A is currently raising a newborn and is not in a position to work, living expenses will be necessary," adding, "It is possible to claim support payments for Ms. A and the newborn from the husband while still married. If the husband files for divorce, a preliminary injunction can be requested within that procedure to decide on support payments and child support." He further explained, "During divorce proceedings, temporary custody designation and preliminary injunctions for child support can be requested, and if the husband fails to comply, indirect enforcement such as fines can be applied."
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