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Must I provide a division of marital property in a divorce due to an affair?

It is true that I committed an affair. However, what feels unfair is that my wife and I had in effect agreed to maintain the marital relationship only until our child became an adult, and we lived like strangers to each other and had settled our feelings. In that situation, I met another person, but now my wife is demanding a division of marital property, saying that I committed an affair. Even in such a case, must I provide a division of marital property in a divorce due to an affair?

division of marital property in a divorce due to an affair

Answer to Related Inquiry

Author: 김국일

Hello. This is a divorce attorney at Daeryun Law Firm.

To state the conclusion first, in principle, a division of marital property must be made.

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

1. Division of marital property centers on the 'contribution to property formed during the marriage'
Division of marital property is a system that divides the property that the spouses jointly formed and maintained during the marriage according to their contributions.

In other words, the standard for judgment is each party's contribution, not whose fault it was (culpability).

2. Whether there was an agreement on the breakdown of the marriage must be viewed carefully
The part you mentioned, that you "agreed to live like strangers," may become an important issue.

However, a mere claim that you "agreed" is not recognized as having legal effect, and if the marital relationship was still maintained externally, it is regarded as a legal marital state.

In other words, the circumstance that the couple was in fact in a broken-down state may be partially taken into account, but that does not readily serve as a ground to justify the affair or to relieve you of any obligation to provide a division of marital property in a divorce due to an affair.

In your situation, first secure materials that can prove that the marital relationship was already in a broken-down state even before the affair, such as separation, living separately, and content agreed upon through text messages or email.

The time of the breakdown of the marital relationship, the contributions, the time of the affair, and the time of property formation make a large difference depending on the legal judgment.

With a divorce attorney at Daeryun Law Firm, you can establish a strategy to mitigate unfavorable grounds of culpability and defend with a reasonable division ratio of marital property in a divorce due to an affair.

If you need a consultation, please find a nearby Daeryun branch office, where consultation requests are accepted 24 hours a day, 365 days a year.