How much consolation money for infidelity can I receive?

Hello. This is an attorney specializing in divorce at Daeryun Law LLC.

If you are suffering emotional distress due to your spouse's infidelity, you may bring a claim for damages based on tort against the third party, that is, a claim for consolation money for infidelity.

Consolation money for infidelity does not exist as a uniform fixed amount; rather, the court determines it by comprehensively considering various factors on a case-by-case basis.

First, as for the range of the amount of consolation money for infidelity, it is commonly recognized somewhere between about 10 million won and 30 million won.

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

When during the marriage the spouse's infidelity occurred, how long the marriage lasted, whether there are children, the duration and degree of the infidelity, the impact on the breakdown of the marriage, and the counterpart's attitude and whether they show remorse are all taken into account.

In particular, if the infidelity has effectively brought the marital relationship to an irrecoverable state, the amount of consolation money can be relatively higher.

To receive consolation money for infidelity, you must file a civil lawsuit, and it is common either to conduct the divorce litigation against the spouse in parallel or to file a lawsuit against only the third party separately from the divorce.

Even while the marriage is maintained, a claim for consolation money against the third party is possible, and a divorce does not necessarily have to precede it.

In a lawsuit for consolation money for infidelity, suspicion or emotional assertions alone are insufficient, and you must be able to objectively prove that the counterpart committed an act of infidelity.

Representative evidence that is commonly used includes content in KakaoTalk, text messages, or DMs that suggests expressions of affection or meetings, photos and videos revealing circumstances of entering lodging establishments or travel destinations together, call records, location information, card usage records, and dashcam footage.

It is not necessary to prove the actual scene of sexual intercourse; it is sufficient if it is shown that the relationship was an illicit one that betrayed the trust expected of a married couple according to common social notions.

However, because illegal wiretapping or unauthorized account hacking during the evidence-gathering process can instead work against you, it is very important to obtain the assistance of a legal expert from the early stages and to establish a lawful and effective strategy for gathering and organizing evidence.

Because a lawsuit for consolation money for infidelity can be closely connected with issues of divorce, division of marital property, and custody depending on the case, it is advisable to proceed after comprehensively reviewing the overall legal strategy.

Daeryun Law LLC systematically assists with divorce cases as a whole, including claims for consolation money for infidelity, from organizing the facts and reviewing evidence to drafting the complaint and responding at trial.

If you would like to know the possible scope of a consolation money claim and the strategy suited to your current situation, we recommend receiving guidance through a specific consultation.