My husband had an affair while we were separated. Can I receive infidelity alimony?

Yes, infidelity alimony lawsuits can be filed regardless of divorce status.

As in your situation, infidelity alimony lawsuits can be filed even during separation or during the cooling-off period.

However, regarding infidelity that occurred during the separation period, the acceptance can vary depending on the situation.

According to precedents, if marital life has already broken down due to discord and separation, even if a third party had an affair with one of the spouses, the other spouse cannot claim damages from the affair partner.

However, there are also rulings that infidelity alimony can be received if it is proven that even during separation, there was discussion of reconciliation with the spouse or continuous efforts to restore the marital relationship.

Therefore, securing evidence of the infidelity is very important, and through this, you can increase the possibility of claiming alimony.

Generally, text messages or SNS contents exchanged between the spouse and affair partner, CCTV footage, dashcam footage, and credit card payment records are recognized as valid evidence.

To legally collect infidelity alimony evidence and proceed with the lawsuit, it is important to receive help from a specialist attorney.