Supreme Court: "Irreparable Damage to Affection and Trust Between Spouses"
The Supreme Court has ruled that unilaterally transferring assets to the eldest son against the wishes of one's spouse can be grounds for divorce.
According to Yonhap News Agency on October 4, the Supreme Court's Second Division (Presiding Justice Oh Kyungmi) overturned a lower court ruling last month that had dismissed a divorce claim filed by an octogenarian, referred to as A, against their nonagenarian spouse, B, and remanded the case to the appellate court.
The couple married in 1961 and had three sons and three daughters. They mainly made a living from farming, and A also worked as an employee at restaurants and other establishments. Most of the assets acquired and maintained during their marriage were registered solely in B's name.
In 2022, their house and land were incorporated into an industrial complex development project, for which they received 300 million won in compensation. The couple then argued over how to use the compensation. At that time, B unilaterally gifted the rights to the compensation to their eldest son, despite A's opposition. Later that same year, B transferred additional real estate valued at approximately 1.5 billion won to the eldest son, reducing B's assets to about 500 million won, including property claimed by the family association.
As a result, A filed for divorce, claiming to have suffered unfair treatment from their spouse and that the marital relationship had broken down irreparably. In contrast, B refused the divorce, arguing that all assets given to the eldest son were B's own separate property (not subject to division).
The Supreme Court sided with the wife. The Court stated, "The Civil Act allows either party to claim division of property acquired through the cooperation of both spouses, regardless of whose name the property is registered under," and added, "Such cooperation includes not only the acquisition of assets but also their maintenance or increase."
The Court further explained, "When one spouse unilaterally disposes of the major portion of jointly accumulated assets without just cause, thereby jeopardizing the family's economic foundation, this severely undermines the other spouse's basic survival and ability to live independently and autonomously. If such actions irreparably damage the affection and trust between the spouses, this constitutes a serious reason under the Civil Act that makes it difficult to continue the marriage."
Ultimately, the Supreme Court found that, considering the nature and extent of the conflict, as well as the circumstances and duration of their separation, the marital relationship had been damaged to the extent that affection and trust could not be restored, and that forcing the plaintiff to continue the marriage would cause intolerable suffering. The case was therefore remanded to the appellate court.
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