Do I have to give property division for adultery divorce?

Hello. This is the divorce specialist attorney at Daeryun Law Firm.

To put it briefly, property division is required in principle.

However, the fact that you lived as strangers may be partially reflected and may affect the division ratio.

1. Property division focuses on 'contribution to property formed during marriage'
Property division is a system where property jointly formed and maintained by spouses during marriage is divided according to contribution.

That is, not who is at fault (responsibility), but each person's contribution is the criterion for judgment.

2. Whether marital breakdown was agreed upon must be viewed carefully
The part you mentioned about 'agreeing to live as strangers' can be an important issue.

However, simply claiming 'we agreed' is not legally effective, and if externally the marital relationship was still maintained, it is considered legally married.

That is, the circumstances that the couple was virtually in a state of breakdown can be partially considered, but that does not justify adultery or become grounds for not having to do adultery divorce property division at all.

In your situation, first secure materials such as separation, individual lives, and texts/emails consulted on, that can prove the marital relationship was already in a state of breakdown before the adultery.

The point of marital breakdown, contribution, time of adultery, time of property formation, etc., make a big difference depending on legal judgment.

With Daeryun Law Firm's divorce specialist attorney, you can establish a strategy to mitigate unfavorable grounds for fault and defend with a reasonable adultery divorce property division ratio.

If you need consultation, please find a nearby Daeryun branch office that accepts consultations 365 days, 24 hours.