"Husband Who Suggested 'You Should Try What Others Do' About Childbirth
Ends in Divorce... '3 Billion Debt Should Be Shared' Claim
Lawyer: 'Living Expenses Are Individually Borne... Not Marital Property'"
A story has emerged about a woman who divorced after her husband, who had agreed to live as a DINK (Dual Income No Kids) couple, insisted on having a child.
On the 14th, YTN's "Attorney Jo In-seop's Counseling Room" revealed the story of Ms. A, who is undergoing a divorce lawsuit due to her husband's changed attitude after they had agreed not to have children before marriage. According to the details, Ms. A met her husband a few years ago through an introduction by a workplace superior. The two quickly grew close and got married, bonding over commonalities such as being part of the DINK lifestyle and a shared love of reading. Since Ms. A and her husband had no children, they were able to focus more on their work after marriage. They managed their salaries separately, and contributed 1 million won each month into a joint account to cover shared expenses such as food, utilities, and housing costs.
However, an unexpected issue caused a rift between the couple. When their favorite novelist did not win the Nobel Prize in Literature, the husband remarked, "That author’s perspective on the world seems narrow because they have no children." He then proposed, "Shouldn't we try what others do?" and suggested having a child. Ms. A, having agreed to live as a DINK, argued with her husband several times over this issue and eventually demanded a divorce. When negotiations failed, she filed for divorce, during which the husband claimed that a 300 million won loan debt incurred during their marriage should be included as marital property.
Attorney Jung Doo-ri explained, "Debts, except those related to daily household matters, are generally considered individual debts and are not subject to division. However, debts incurred in the formation or maintenance of marital property are subject to division." She elaborated, "If the couple took out an overdraft to cover joint living expenses or child-rearing costs during the marriage, or if they took out a lease deposit loan to purchase an apartment for their shared life, such debts would be considered divisible property." She added, "In Ms. A’s case, since they each bore joint living expenses equally and managed their salaries separately, the 300 million won debt cannot be considered a debt incurred in the formation or maintenance of marital property."
Furthermore, she stated, "If the spouse claims that the debt was incurred to share joint living expenses, Ms. A must submit bank statements showing she paid half of the living expenses, as well as records of transfers for subscription deposits, insurance premiums, monthly rent, and card usage." She added, "An inquiry into the husband’s bank transaction history should be requested to clarify into which account the 300 million won was deposited and under what purpose it was spent."
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