[Getty Images Bank]
[Getty Images Bank]

A man in his 50s who spent a decade sending 6 million won ($4,240) a month to cover his wife and daughter's living and education expenses in Canada has learned that his wife was having an affair — and that she has now filed for divorce and is demanding half of an apartment he inherited from his parents.

The man, identified only as A, shared his story Tuesday on YTN Radio's legal advice program "Cho In-seop's Counseling Center," seeking guidance on what to do.

A said he had sent his wife and daughter to Canada for the daughter's education when she was in the upper grades of elementary school. He had since been remitting 6 million won a month — about 80 percent of his salary — to cover their living and schooling costs.

His wife did not hold a job in Canada. Back in Korea, A lived alone in the apartment he had inherited from his parents, cutting costs by eating at a company cafeteria or buying dosirak from convenience stores.

He eventually learned through an acquaintance that his wife had been having an affair with a Korean man she met at a Korean community gathering in Canada. The man was on a work assignment there from Korea.

"I tightened my belt in Korea and sent money, and my wife used it to party with another man," A said, expressing a sense of betrayal.

What made the situation even more galling was his wife's response after the affair came to light.

Rather than waiting to be confronted, she filed for divorce first — and demanded a share of the inherited apartment as part of the asset division.

"I sent most of the money I earned over 10 years to my family," A said. "Do I really have to give up half the home my parents left me?"

Attorney Bae Su-ji said South Korean law generally follows the principle of "fault-based divorce," under which a spouse who bears clear responsibility for the breakdown of a marriage cannot file for divorce. "A divorce suit filed by a wife who had an affair with another man abroad is likely to be dismissed," she said.

However, Bae said the wife's affair and the question of asset division are separate legal matters.

"Inherited property is in principle treated as separate property and is not subject to division," she said, "but given that the marriage lasted more than 10 years and the wife raised the children abroad and maintained the household — even in a long-distance arrangement — a court would likely find that she contributed to the preservation of the inherited asset."

That said, Bae added that the wife's share of any division would likely be small. "The wife had no independent income, the husband bore nearly all living expenses, and the apartment itself was inherited property — all of which would weigh against a large division ratio for the wife," she said.

Bae also said that if the affair caused the marriage to break down, A could seek consolation damages from his wife. "If the identity of the other man can be established, A could also file a damages suit against him in a Korean court," she said.

Bae went on to say that even if the other man lives abroad, forced execution of a court judgment is possible if he holds assets in Korea. "For overseas assets, a separate enforcement procedure would be required," she said, adding that if damages go unpaid, it may be worth exploring options such as applying to have the debtor listed on a default registry, provided the legal conditions are met.


yeonjoo7@heraldcorp.com