Husband Furious Over Wife's Affair Strikes Her
"Both Wife Who Committed Affair and Husband Who Assaulted Are at Fault"
"However, If Assault Is Minor, the Other Party's Fault Is Greater"
A husband, enraged by his wife's affair, admitted to physically striking her and lamented that not only was he sued by his wife, but he was also demanded to split his government pension and land equally.
On the 13th, YTN Radio's "Attorney Jo Inseop's Counseling Center" featured the story of a government employee husband, Mr. A, who recently discovered his wife Ms. B's infidelity. According to Mr. A, upon learning of the affair, he became furious and physically struck his wife, after which Ms. B immediately left the house.
Afterwards, Ms. B filed a lawsuit against Mr. A, making reconciliation impossible. Ms. B filed for divorce, and both Mr. A and Ms. B were deemed at fault spouses. Attorney Park Kyungnae explained, "According to Article 840, Paragraph 1 of the Civil Act, the spouse at fault includes the wife who committed adultery, and Mr. A, who committed assault, is also considered a spouse at fault under Article 840, Paragraph 3 of the Civil Act."
Currently, Ms. B is demanding that Mr. A split the government pension and land equally. Mr. A said, "The only assets I have are the government pension I paid into throughout my career and the ancestral land I inherited as the eldest grandson. Although the land is under my name, it is not solely mine but belongs to the clan. I am seeking advice on how to protect the land."
In response, Attorney Park noted, "It appears that Ms. B left the house immediately after her affair was discovered, and even if Mr. A had not physically struck her, she likely would have left and demanded a divorce." He added, "If the assault was minor and did not cause significant injury or suffering, in the divorce lawsuit, the fault of the other party may be considered greater, allowing the spouse to claim divorce and alimony."
Regarding the division of the government pension, he explained, "If the marriage lasted more than five years, the spouse can receive a portion of the government pension upon divorce. If Mr. A dislikes dividing the pension after divorce, he can include the lump-sum payment as part of the property division, share it, and then obtain a court ruling setting the other party's pension benefit ratio to 0%."
Concerning the division of land, he stated, "Inherited land is generally considered separate property, but if contributions to its maintenance, formation, or prevention of decrease can be recognized, it may be subject to division." He continued, "However, even if it is subject to property division, the court does not necessarily order the land itself to be divided and owned separately. Instead, the court may order property division in monetary terms, so there is no need to physically divide the clan land to the other party."
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