Can an at-fault spouse not receive a divorce property division?

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at-fault spouse

at-fault spouse property division

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作者: 김국일

At-fault spouses often worry about being disadvantaged in the divorce property division process.

In fact, many people mistakenly believe that "if you are responsible for the breakdown of the marriage, you cannot receive property division," but to get straight to the point, this is not the case.

Property division is a procedure that divides the joint property formed during the marriage according to each party's contribution, regardless of responsibility for the divorce.

Therefore, even an at-fault spouse can receive divorce property division if they have contributed to the formation, maintenance, and increase of the property.

The court takes "contribution" as the core criterion in divorce property division.

Who is responsible for the breakdown of the marriage is just one of the considerations, and division is not automatically excluded simply because of an affair.

Rather, it is much more important to prove how much you actually contributed to the formation of property.

Furthermore, according to precedent, not only at-fault spouses but also parties when a common-law marriage is broken and spouses when a marriage is annulled can also exercise the right to claim property division.

In conclusion, even an at-fault spouse can receive property division if their contribution to property formation is recognized, and it is fully possible to obtain a favorable result.