How much adultery alimony can I receive?

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

If you are suffering mental anguish due to your spouse's adultery, you can claim damages based on tort against the third party, that is, an adultery alimony claim is possible.

Adultery alimony does not have a fixed amount that exists uniformly; rather, the court judges by comprehensively considering various factors on a case-by-case basis.

First, regarding the amount range of adultery alimony, typically, it is recognized between approximately 10 million won and 30 million won.

However, this is only an average range, and the amount may vary depending on the following factors.

When the spouse's adultery occurred during the marriage period, how long the marriage period was, presence of children, duration and degree of the adulterous relationship, impact on the marital breakdown, attitude of the other party and whether they showed remorse, etc., are all considered.

In particular, if the marital relationship has reached an irrecoverable state due to adultery, the alimony amount may be relatively higher.

To receive adultery alimony, a civil lawsuit must be filed, and typically the methods used are conducting a divorce lawsuit with the spouse in parallel or filing a lawsuit only against the third party separately from the divorce.

Even when the marital relationship is maintained, alimony claims against the third party are possible, and divorce does not necessarily have to precede.

In adultery alimony lawsuits, suspicion or emotional claims alone are insufficient, and you must be able to objectively prove that the other party engaged in misconduct.

Representative evidence used includes contents in KakaoTalk, text messages, DMs, etc. that suggest expressions of affection or meetings, photos and videos showing circumstances of entering accommodations or travel destinations together, call records, location information, card usage details, dashcam footage, etc.

It is not necessary to prove direct sexual relations; it is sufficient if it is revealed that there was an inappropriate relationship that betrayed the trust as a married couple under social conventions.

However, illegal eavesdropping or unauthorized account hacking during the evidence collection process may rather be unfavorable, so it is very important to receive assistance from a legal expert from the early stage and establish a strategy for lawful and effective evidence collection and organization.

Adultery alimony lawsuits may be closely connected to divorce, property division, and custody issues depending on the case, so it is desirable to comprehensively review the overall legal strategy before proceeding.

Daeryun Law Firm systematically assists with overall divorce cases including adultery alimony claims, including organizing the facts, evidence review, drafting complaints, and trial response.

If you are curious about the possible scope and strategy of alimony claims that match your current situation, we recommend receiving guidance through specific consultation.