Husband's Business Booms After Separation
"How Will the Property Division Be Handled?"
Experts have stated that when divorcing a husband who has accumulated significant wealth after living separately, "claims for property division can be made based on the time the divorce lawsuit is filed."
On the 23rd, YTN Radio's "Attorney Jo Inseop's Counseling Center" shared the story of wife A, who has been considering divorce from her husband after living separately for 12 years. According to A, she and her husband often quarreled due to personality differences throughout their marriage. As fights with her husband became frequent, A left home and did not return for several months. In 2012, she finally left the house with their daughter.
At that time, the husband's business was running at a loss, but after living separately, his business prospered and consistently generated high profits. During the separation period, the husband provided living expenses to A and their daughter and allowed them to live in an apartment registered under his name. However, in 2020, the husband suddenly proposed signing an agreement. The agreement stated that each party's assets would be calculated based on the start of the separation in 2012, and that the divorce could proceed whenever either party wished.
Even after receiving the agreement, the husband allowed A and their daughter to continue living in the apartment but stopped providing living expenses. A said, "Since our daughter is now an adult, I don't think we can receive living expenses anymore," and asked for advice, saying, "In that case, I want to get a divorce. How should I handle the property division?"
Attorney Kim Jinhyung (Shinsegae Law Firm) responded, "A can claim property division based on the date the trial proceedings conclude after filing the divorce lawsuit," adding, "According to precedents, changes in assets occurring between the breakdown of the marriage and the conclusion of the trial are excluded from division only in special circumstances where those changes are unrelated to the property jointly formed during the marriage."
He further advised, "A should sufficiently prove that despite living separately, she engaged in financial transactions such as receiving living expenses from her husband, that he continued to support housing and other needs, that she attended family events as his spouse, and that they cooperated closely for the physical and mental health of their child. She should argue that 'the mere fact of living separately does not necessarily mean the marriage has broken down.'
Regarding the agreement the husband took, he said, "Even if there is a pre-prepared property division agreement, it is difficult to prevent A from claiming property division during a judicial divorce solely based on the existence of the agreement." However, he noted, "The clause stating 'from 2020 onward, property rights belong to each party individually' could negatively affect A's share in the property division."
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