“Even after enduring infidelity and physical abuse...”: A wife’s story of divorcing without receiving a penny

[Financial News] The story has emerged of a woman who divorced after enduring her husband’s infidelity and physical abuse without receiving property division or compensation for emotional distress. She said she had raised even the child her husband had with his former wife, but that she continues to shoulder the children’s living and education expenses on her own after the divorce.
On the 19th, YTN Radio’s “Attorney Jo In-seop’s Counseling Center” reported that a woman identified as A said she was facing financial difficulties as she raised the children alone after divorcing her ex-husband.
The two met as coworkers and married. The husband was remarrying at the time and brought along a child from his previous marriage. A reportedly raised the child together with her own children without distinguishing between them.
Both spouses worked, but A took care of most of the housework and childcare.
While they were still married, A learned that her husband was having an inappropriate relationship with a junior colleague at work. However, for the sake of the children, she decided not to divorce him and drew up an agreement with the help of a lawyer.
The agreement stipulated that the husband and the woman he was having an affair with would not meet or contact each other again, and that they would pay a stipulated penalty if they broke that promise.
Just two days after they made the agreement, the husband contacted the woman again. Two weeks later, it was also confirmed that the two had entered a lodging establishment together.
A filed a lawsuit seeking a stipulated penalty for breach of the agreement and won in part. But her husband blamed her for his infidelity, saying, “This happened because you were preparing for your promotion exam and didn’t take proper care of me.”
After she asked for a divorce, her husband also began verbally abusing and physically assaulting her, she said. When he was drunk, he swore in front of the children and told the child he had with his former wife, “Do you know she isn’t your biological mother?”
A claimed that her husband also hit her in the face and kicked her in the stomach.
To end her relationship with her husband quickly, A chose to divorce by mutual agreement without resolving the issues of property division and compensation for emotional distress. Even after the divorce, however, her ex-husband has reportedly not paid the children’s living or education expenses.
A said she was even paying university tuition for her ex-husband’s child from a previous marriage, over whom he has parental rights. She described her difficulties, saying, “My ex-husband is turning a blind eye even to the university tuition for his child from a previous marriage, over whom he has parental rights. It’s financially too much for me to shoulder everything alone.”
She went on to ask, “It’s been several years since the divorce. I’m wondering whether I can still claim property division and compensation for emotional distress from my husband, and whether I can also receive living and education expenses for the children.”
Attorney Bae Bo-ram explained that claims for property division and compensation for emotional distress can still be made even after a divorce by mutual agreement. She added that the time limits for making the claims differ.
Attorney Bae said, “The fact that you divorced by mutual agreement does not automatically extinguish your right to claim property division or compensation for emotional distress. A claim for property division must be made within two years of the divorce. Compensation for emotional distress can be claimed within 10 years if there was infidelity or physical abuse.”
She said that the fact A worked while also taking care of the housework and children could be taken into account in the property division. Attorney Bae said, “If A was working while taking sole responsibility for the housework and childcare, that could be recognized as a contribution in the property division process.”
She added that her husband’s infidelity and physical abuse, as well as the childcare arrangements after the divorce, could also be considered. “Given that the husband was responsible for the breakdown of the marriage and that A continues to raise the children alone after the divorce, she may be able to claim a contribution share of 50% or more,” she explained.
She explained that if the amount of child support set at the time of divorce is no longer appropriate to the current circumstances, a change can be requested from the court. Attorney Bae said, “If the child support set at the time of the divorce no longer matches the current circumstances, you can ask the family court to change it. The court makes its decision based on the child’s best interests.”
She explained, however, that university tuition and living expenses for a child from a previous marriage who is already an adult cannot be claimed separately. Attorney Bae added, “You cannot claim university tuition or living expenses for your ex-husband’s child from a previous marriage who is already an adult. However, A could argue that the fact she has paid those expenses so far should count in her favor when her contribution to the property division is assessed.”


[email protected] Han Seung-gon Reporter