In divorce proceedings due to a spouse's infidelity or misconduct, many clients think, "Since the other party is at fault, they should give up their assets and leave." However, legally, alimony (compensation for mental suffering) and property division (settling economic contributions) are thoroughly separate concepts. In this post, we will clarify how to distinguish between 'grounds for divorce' and 'asset contribution' to achieve practical economic benefits, rather than emotional responses, as organized by the Law Firm Cheongchul.

[Table of Contents]

1. Can we seize assets in proportion to the wrongdoing?

2. The decisive difference between alimony and property division

3. Why proving 'contribution' is more important than emotional appeals

   
   

1. Can we seize assets in proportion to the wrongdoing?

"I can't stand looking at my husband because he's been cheating. Can I just let him go and keep all the assets?"

One of the most commonly heard questions during divorce consultations. It's completely understandable to feel that since the other party caused the breakdown of the marriage, they should have to forfeit all their assets as punishment.

However, to put it bluntly, the realistic conclusion of divorce lawsuits is: "Unfortunately, it's difficult."

Our courts recognize the contribution of both spouses to asset formation, even if one spouse is at fault. In other words, the fact that the other party has committed a significant moral wrong does not serve as a basis to make their share in the property division '0'.

2. The decisive difference between alimony and property division

Many people confuse alimony and property division. To have a successful divorce lawsuit, you must clearly separate the two.

• Alimony: Compensation for the mental pain I have suffered due to the other party's wrongdoing (infidelity, violence, etc.). This is an area that examines "who is at fault."

• Property division: The process of dividing the assets that both spouses have collectively accumulated. This is an area of economic settlement that investigates "who contributed to accumulating and maintaining these assets."

Therefore, the position of the law is clear. Even a bad person must be acknowledged their fair share if they contributed to increasing the assets.

3. Why proving 'contribution' is more important than emotional appeals

So, what should we do with our sense of injustice? Emotional appeals and accusations against the other party regarding their wrongdoing can be strongly asserted during the 'alimony claim' stage.

However, when viewed only from an economic standpoint, you need to change your strategy. The Law Firm Cheongchul offers clients realistic advice like the following.

"It is much more beneficial economically to prove your contribution and get an extra 5% in property division than to blame the other party to receive 10 to 20 million won in alimony."

The real battle in divorce lawsuits is not an emotional battle but a 'battle of evidence' and 'battle of contributions'. Therefore, it's advisable to concentrate on proving the following facts to the court.

• Full responsibility for household chores and childcare: The fact that I took care of the family allowed the other party to focus on their economic activities.

• Investment and asset management: Due to my frugal management and investments, our household's assets were formed and increased.

Proving such contributions with concrete evidence and reasoning ultimately provides clients with a larger economic foundation.

4. For a wise divorce lawsuit

Divorce is not only a process of sorting out the past but also a process of laying the economic foundation for a future independence. Rather than losing practical benefits due to emotional turmoil, a cool-headed legal judgment and strategic approach is necessary.

The Law Firm Cheongchul goes beyond empathizing with the client's feelings of injustice and provides practical legal assistance to help clients find their rightful share and start anew. If you are struggling with issues of property division and proving contribution, don’t hesitate to seek help from professionals.

This post is intended for the purpose of providing legal information and legal judgment may vary depending on specific circumstances.