Wife Who Left Saying "I Don't Want a Bisexual Husband" Turns Out to Be Bisexual Too... What Are the Divorce Issues?

Divorce and Asset Division Demands Raised After 10 Years of Separation
Husband Says, "It's Unfair to Be Asked for Alimony"

After five years of marriage, a wife who had moved abroad due to her husband's sexual orientation has filed for divorce after ten years of separation. It was later revealed that the wife herself was also bisexual. This has drawn attention to the legal issues surrounding asset division and alimony.

According to a story shared on YTN Radio's "Attorney Cho Inseop's Counseling Center" on December 31, Mr. A met his wife at a hair salon 15 years ago and eventually married her after dating. Having had relationships with both men and women, he stated, "I wanted to start a family and have children," explaining his decision to marry.

However, after the marriage, Mr. A was contacted by a man he had previously dated, which deeply shocked his wife when she found out. Mr. A said, "It wasn't something that could be easily misunderstood, but my wife never let go of her suspicions." Eventually, after five years of marriage, his wife left for Australia, where she had acquaintances, and the couple lived separately for nearly ten years.

During this time, the wife suddenly sent divorce papers and demanded asset division. The apartment registered under Mr. A's name at the time of marriage was worth 800 million won, but it is now reported to be worth over 2 billion won.

Mr. A later learned through an acquaintance that his wife was also bisexual and that the person she lived with in Australia was a same-sex partner. He said, "My wife had already realized my sexual orientation and seems to have chosen separation and divorce because of it," adding, "In this situation, it feels unfair to be asked to divide assets and pay alimony."

Regarding this, attorney Lim Kyungmi of Shinsegye Law Firm explained, "When a couple divorces and one claims alimony, it must be within three years from the date they learned of the reason. If the wife knew about her husband's situation and started living apart ten years ago, it would be difficult for her alimony claim to be recognized."

However, she added, "There may be no statute of limitations for alimony claims against an extramarital partner, but if the relationship occurred after a long period of separation, the causal link to the breakdown of the marriage must be examined."

Regarding the possibility of annulment, she said, "If it is recognized that a significant fact was concealed that would have affected the decision to marry, annulment may be possible." On asset division, she explained, "In principle, the current market value at the time of the divorce ruling is applied, but the contribution to maintaining and managing the assets during the long period of separation can be considered."