"I Want to Receive 'Adultery Alimony' from My Ex-Husband Who Had a Daughter 6 Months After Divorce"

Divorced by Agreement Unaware of Affair Partner
Lawyer: "Possible to Sue Ex-Husband and Sanggan-nyeo"

Photo unrelated to the article. Source=Pixabay

A woman who discovered her ex-husband's affair after a consensual divorce with him expressed her outrage.

On the 30th, YTN's 'Attorney Jo Inseop's Counseling Room' reported the story of informant A, who learned about her ex-husband's newborn daughter after their divorce. According to the report, A had been a homemaker for 10 years due to married life and caring for her ill father, but eventually proceeded with a consensual divorce due to extreme personality differences with her husband. She said, "After my father, who had been battling illness for a long time, passed away, I was emotionally sensitive and made the decision more quickly," adding, "I had no expectations from my husband, so I did not request alimony or property division."

However, six months after the consensual divorce, A was shocked to hear about her ex-husband's remarriage and the birth of his daughter. It turned out that her ex-husband had already been involved with his affair partner before the divorce. A asked for advice, saying, "I wonder if I can still claim alimony or request property division from my ex-husband who cheated on me."

In response, Attorney Seo Jeongmin explained, "If you went through a consensual divorce without knowing about your spouse's infidelity, you can still file a lawsuit for alimony against your ex-spouse and the affair partner after the divorce," adding, "If you file a property division lawsuit after a consensual divorce, you must proceed with the lawsuit within two years from the date of divorce." He further explained, "Even if the marriage lasted 10 years, it does not automatically mean a 50% contribution is recognized. The purpose of the property division claim system is to return the portion of the property that one contributed to, which was acquired through the couple's joint efforts during the marriage, so the degree of contribution can be evaluated differently in each case." He added, "The ratio is determined by considering various factors such as the parties' age, occupation, income, the circumstances of property formation, the degree of contribution to acquiring and maintaining the property, the duration of the marriage, and family relationships."