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뉴스2026년 4월 7일

<10> What is the division of property in the case of a culpable spouse?

Attorney Hanbyol Law LLC analyzes the Daegu Family Court 2023 D-Hap 2113-2120, in which the wife's cheating was recognized as the main cause of the breakdown of the marriage, the wife's divorce claim was dismissed, the husband's counterclaim was granted, and the wife was ordered to pay alimony of KRW 25 million to the husband.

Hanbyol emphasized that there is a strict distinction between alimony (compensation for mental damages) and property division (distribution of joint property formed during the marriage). The court considered the length of the marriage (16 years), contributions to household, childcare, and business support, and set the property division ratio at 45% for the wife and 55% for the husband, resulting in the husband paying his wife approximately KRW 309 million.

In addition, Hanbyol explained that special property acquired through premarital acquisition or inheritance or gift is generally excluded from property division, but exceptions can be made when the other party's contribution to the maintenance and increase of the property is recognized. As for child support, the non-custodial parent is obligated to pay until the child reaches the age of majority, and the court determines the amount of child support as 500,000 won per person per month based on a combination of income, property, and child age (see the general calculation table).

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Source:yakup.com