When a family falls apart due to a spouse's infidelity or violence, many people hope for high compensation (over 100 million won) out of a sense of injustice. However, the realistic recognition range for divorce lawsuit compensation is typically between 10 million won and 30 million won. In this post, we will detail the realistic compensation amounts based on actual court precedents, the importance of objective evidence to maximize this compensation, and strategies for property division to achieve substantial economic benefits.

[Table of Contents]

1. Divorce lawsuit compensation: The reality differs from dramas; is it possible to claim 100 million won?

2. Realistic amounts: The typical compensation range recognized by the court

3. The importance of evidence: Key criteria for increasing the compensation amount

4. Lawyer's solution: 'Property division' is more important than compensation

1. Divorce lawsuit compensation: The reality differs from dramas; is it possible to claim 100 million won?

"My spouse has cheated, and our family has fallen apart, shouldn't I be able to claim 100 million won in compensation?"

This is one of the most common questions asked by clients who visit our law firm, Cheongchul. Given the immense pain caused by the spouse's fault, it is completely understandable to desire monetary compensation in accordance with that pain.

However, to put it bluntly, recognition of 100 million won in compensation is realistically almost impossible. Though dramas depict scenes of revenge or life turnarounds through compensation, in reality, cases where 100 million won is granted by South Korean courts are extremely rare.

2. Realistic amounts: The typical compensation range recognized by the court

So, what level of divorce lawsuit compensation is actually determined?

• Typical range: In most cases, compensation is decided to be between 10 million won and 30 million won.

• Maximum recognized range: In cases where the infidelity period is very long or where severe domestic violence leads to criminal punishment, a maximum of about 50 million won is recognized.

As such, the amount of compensation is generally set somewhat lower than the level of mental pain experienced by clients.

3. The importance of evidence: Key criteria for increasing the compensation amount

What must be done to receive the maximum amount of compensation, even within the range recognized by the court? The key lies not in emotional appeals but in 'objective evidence.'

Simply saying to the judge, "My spouse has neglected me" or "They are a bad person" will not help increase the compensation amount. Evidence is needed that convinces people that 'the responsibility for the breakdown of the marriage clearly lies with the other party.'

• Infidelity: Records of hotel visits, KakaoTalk conversations revealing a romantic relationship, etc.

• Domestic violence: Hospital certificates, 112 call records, etc.

Clear evidence must back these claims to persuade the court and increase the compensation amount.

4. Lawyer's solution: 'Property division' is more important than compensation

If one focuses too much on just the amount of compensation during a divorce lawsuit, they may end up missing out on something much bigger. Law firm Cheongchul provides realistic advice to our clients.

"It’s better to let go of your attachment to compensation a little. The real money fight is 'property division.'"

While compensation has a clear upper limit, property division involves proving one's contribution to the assets the couple has accumulated together, making the economic scale significantly larger. Therefore, while making efforts to collect evidence for compensation, it is wise to dedicate overall energy in the lawsuit to gaining a favorable position in property division.

This article has been written for informational purposes regarding the law, and legal judgments may vary depending on specific circumstances.