Divorce lawyer says, “Even the at-fault spouse can benefit from division of divorce assets.”

According to the legal community, it is of the opinion that being the at-fault spouse does not necessarily put one at a disadvantage when dividing property in a divorce lawsuit.

A divorce lawyer from Daeryun Law Firm (Limited) said, "Divorce property division must be applied differently from alimony. Property division is the distribution of the marital property accumulated during the marriage according to each person's contribution, and alimony is when the person primarily responsible for the breakdown of the marriage compensates the spouse for mental damage. The court makes a decision by applying different standards to each case."

In other words, even if the other party is at fault, it is a separate issue from property division. The explanation is that because the contribution to building wealth is different from whether it is moral or not, the at-fault spouse also needs to correctly assert his rights and carefully consider his individual share.



When the at-fault spouse files for divorce, he or she must first check whether the court will allow the claim. At this time, the court comprehensively considers the degree of responsibility of the at-fault spouse, the other spouse's intention to continue the marriage, the parties' ages and duration of marriage, period of separation, and whether circumstances have changed after the breakdown of the marriage.

A divorce lawyer from Daeryun Law Firm (Lihan) said, “In order to assert your rights actively and effectively, it would be helpful to receive assistance from a divorce lawyer who can thoroughly reveal your contribution to property formation.” He added, “In order to obtain better results in divorce litigation, you will need to focus on identifying the exact amount of property and claiming contribution, especially in property division.”

To this end, he advised, “In the process of dividing property in divorce, there will be clear limits to an individual handling procedures such as application for fact inquiry to identify the other party’s property, provisional seizure, and provisional disposition on their own.” He advised, “It is advantageous to get expert help as it is necessary to consider the clear target and scope of property division and whether to divide unique property.”

Daeryun Law Firm (Lihan), which provided assistance, currently has its headquarters in Seoul and Busan (Centum City/Geoje),Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, JejuIt has branch offices across the country.

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