Wife Who Separated from Husband Who Didn't Want Kids Learns of His Affair Later and Says, "I Want Alimony"

Signs of Infidelity Found on Husband's SNS After Divorce
"Alimony Claims Possible Even in Mutual Divorce"

A wife sought advice after discovering that her husband, who wanted to live as a 'DINK' couple, had an affair following their consensual divorce.

"Husband grew cold without notice... When I said I wanted a child, he insisted on being a 'DINK' and divorced; later found out he was cheating"

[Image source=Getty Images]

On the 8th, YTN Radio's 'Attorney Jo In-seop's Counseling Center' introduced a story about a wife who wanted children and a husband who wished to live as a DINK (Double Income No Kids) couple without having children. The wife, Ms. A, who has been married for two years, explained, "When I told my husband I wanted to have a child, he said he did not want children and wanted to live as a DINK couple." She added, "Because of that, my husband distanced himself from our marital relationship and avoided talking to me." Ms. A said, "Since I wanted children, I agreed to a consensual divorce with my husband who wanted to live as a DINK couple," and added, "Although I contributed some money when we rented our first newlywed apartment, most of the loans were taken out under my husband's name, so we did not divide the property."

However, a few months after the divorce, Ms. A accidentally saw her husband's social media and was shocked. She discovered that her husband was celebrating a one-year anniversary with his lover. Ms. A said, "Since he was already seeing another woman before divorcing me, I felt deeply betrayed by my husband," and asked, "Is it possible to claim damages from my husband and the other woman?"

"If you claim damages within three years of recognizing the affair, the likelihood of receiving compensation is high"

Attorney Jo Yoon-yong from Shinsegye Law Firm, who heard the story, explained that Ms. A can claim damages against her ex-husband and the other woman. Attorney Jo stated, "Our court precedents hold that even if the marriage was dissolved by consensual divorce, claims for mental damages caused by that are not restricted by the method of dissolution." He added, "However, claims for damages must be made within three years from the date the damage and the perpetrator are recognized, and there must be no agreement at the time of the consensual divorce to waive claims for damages related to this matter."

He further explained, "Most cases recognize liability for damages caused by infidelity during the marriage. Ms. A has a high chance of receiving compensation." He emphasized, "The social media posts by the husband about the one-year anniversary with the other woman can serve as evidence, and since the dates are specific, if it is revealed that they met during the marriage period, that itself can be strong evidence."

Regarding additional evidence collection, he added, "There are ways to verify overseas travel through inquiries into their immigration records or to obtain financial transaction details between the two by applying for financial transaction information." However, he cautioned that unauthorized access to the other party’s mobile phone or email could lead to criminal charges under the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Protection of Communications Secrets Act, so one must be careful.