You can also claim compensation for non-economic damages from the person who had an affair with your spouse

Affair Partner Lawsuits Matters We Handle

1. Requirements for an Affair Partner Claim — Infidelity, infringement of married life, intent or negligenceA tort is established if the conduct of a third party who had an affair with your spouse infringes on the couple's shared married life or interferes with its continuation, causing you emotional suffering. A key issue is whether the third party knew, or could have known, that the other person was married.Whether the third party knew or could have known the person was married · Whether infidelity (sexual conduct, etc.) occurred, and its duration and degree · The resulting infringement of married life and emotional suffering · Joint tort with the spouse (non-genuine joint and several liability) · Whether the marriage had already broken down
2. How Compensation for non-economic damages Is Determined — Courts weigh all circumstances case by caseThere is no fixed amount of compensation for non-economic damages. It is set by considering the duration and degree of the infidelity, the length of the marriage, whether there are children, how and to what extent the marriage broke down, the emotional shock suffered by the claimant, the other party's attitude, and other factors as a whole.Duration, frequency, and nature of the infidelity · Length of the marriage and whether there are children · Whether the infidelity caused the marriage to break down · The claimant's emotional harm (medical certificates, treatment records) · The other party's remorse and attitude after the infidelity
3. How to Bring the Claim — Together with divorce, or against the affair partner aloneIn a divorce lawsuit, you can claim compensation for non-economic damages against both your spouse and the affair partner. You can also sue only the affair partner for the infidelity itself, regardless of divorce, in which case the claim is handled as an ordinary civil case.Compensation for non-economic damages based on divorce: a Class Da family litigation case in the family court · Compensation for non-economic damages for a specific act of infidelity unrelated to divorce: an ordinary civil case · Your spouse and the affair partner can be sued as co-defendants · A claim is possible even if you stay married after the infidelity · The competent court differs by type of claim
4. Evidence and Limitation Period — 3 years from learning of it; evidence must be obtained lawfullyA claim for damages from a tort expires 3 years after you learn of the loss and the wrongdoer, or 10 years after the tort. For compensation for non-economic damages based on divorce, the 3 years run from the time the marriage is dissolved. Avoid unlawful methods of collecting evidence, such as recording conversations between other people.Text messages, social media conversations, photos, and videos · Financial transaction records, lodging and travel records · Messages or documents admitting the infidelity · Medical certificates proving emotional harm · Secretly recording conversations between others may violate the Protection of Communications Secrets Act
5. If You Are Sued as the Affair Partner — You can contest the requirements and the scope of liabilityIf you are sued, we examine whether you did not know the person was married, whether the marriage had already broken down, whether the limitation period has expired, and whether the spouse has already paid compensation for non-economic damages, and respond accordingly. The amount of compensation for non-economic damages also varies widely by case.Whether you did not know, and could not have known, the person was married · Whether the marriage had already broken down at the time · Whether the limitation period has expired · Whether money already paid by the spouse counts as compensation for non-economic damages · Meeting the deadline for filing an answer after the complaint is served

1. Legal Basis for the Affair Partner's Liability

Spouses have a duty to live together, support, and cooperate with each other (Article 826(1) of the Civil Act), which includes a duty of sexual fidelity not to commit infidelity. If one spouse commits infidelity, this is a ground for judicial divorce (Article 840(1) of the Civil Act), and that spouse is liable in tort for the emotional suffering of the other spouse.

The Supreme Court has held that third parties must also not intrude on another couple's shared life and interfere with it, as it is the essence of marriage. A third party's act of infringing on the couple's shared life or interfering with its continuation through infidelity with one spouse, thereby infringing the other spouse's rights and causing emotional suffering, is in principle a tort (Supreme Court en banc Decision 2011Meu2997, decided November 20, 2014). The legal basis in the Civil Act is tort (Article 750), and compensation for emotional harm is recognized under Article 751(1).

2. Infidelity After the Marriage Has Broken Down

Even if the couple has not yet divorced, if their shared life has in substance broken down, for example through a long separation, to the point where it objectively cannot be restored, a third party's sexual conduct with one spouse cannot be considered an act that infringes on the couple's shared life or interferes with its continuation. Nor can it be said to cause loss by infringing the other spouse's rights in the shared married life, so a tort is unlikely to be established. This applies whether or not a judicial divorce claim is pending (en banc Decision 2011Meu2997).

A breakdown is not recognized merely because the relationship was bad or the couple had started living apart. Courts consider the length of separation, contact and living arrangements between the spouses, whether an intention to divorce was expressed, when the infidelity began, and other factors as a whole, so both the claimant and the defending party need to organize the facts in chronological order.

3. Setting Compensation for non-economic damages and Treatment of Money Already Paid

The court sets compensation for non-economic damages at its discretion, considering the duration and degree of infidelity, the length of the marriage, whether there are children, how the marriage broke down, the claimant's emotional suffering, conduct after the infidelity, and other factors as a whole. It is not possible to state a typical amount across the board; it varies with each case.

If the unfaithful spouse paid money as compensation for non-economic damages or otherwise during the divorce process, the effect of that payment also extends to the third party as a non-genuine joint and several obligor. However, if the money included not only compensation for non-economic damages but also property division (officially “division of property”) or child support and the compensation for non-economic damages portion is hard to separate, the court may take into account that the spouse paid money as part of compensation for non-economic damages when setting the amount the third party must bear. For example, where a spouse paid KRW 30 million (compensation for non-economic damages and property division) under a divorce mediation, the lower court took this into account and set the affair partner's compensation for non-economic damages at KRW 20 million, and the Supreme Court upheld this (Supreme Court Decision 2023Meu12782, decided June 27, 2024).

• If both the spouse and the affair partner are named as defendants, the scope and sharing of liability can be contested in one proceeding.
• If an agreement has already been signed with the spouse, its terms (whether it includes compensation for non-economic damages, whether claims against the affair partner were waived) become an issue.

4. Types of Lawsuit and Limitation Periods

Where one spouse has had an affair with a third party, a claim by the other spouse for compensation for non-economic damages based on divorce against the spouse or the third party is a Class Da family litigation case under Article 2(1)(i)(c)(2) of the Family Litigation Act. Separately, a claim against the spouse or the third party that treats a specific act of infidelity during the marriage as a tort, regardless of divorce, and seeks compensation for non-economic damages for the resulting emotional suffering is an ordinary civil case. Which type applies is decided by considering the parties' intentions, whether the marriage continues, whether a divorce by agreement was concluded or a judicial divorce was claimed, the course of the litigation, and other factors (Supreme Court Decision 2025Meu10716, decided January 29, 2026).

The competent court, procedure, and limitation period differ depending on which type of claim you bring, so the relief sought and the cause of action should be clearly decided before filing.

5. Collecting Evidence and How to Respond

• If you are bringing the claim: Gather messages, photos, videos, and financial and travel records showing the infidelity. Support emotional harm with medical certificates and treatment records. Material showing that the other party knew the person was married (conversations, how they found out) is also important.
• Limits on collecting evidence: The Protection of Communications Secrets Act prohibits recording or listening in on private conversations between other people (Articles 3(1) and 14). Looking through your spouse's phone without permission or tracking their location can raise separate legal problems, so choose your methods carefully.
• If you are being sued: Once you receive the complaint, you must meet the deadline for filing an answer. We consider arguments that you did not know the person was married, that the marriage had already broken down, that the limitation period has expired, and that compensation for non-economic damages already received should be deducted.
• Points to note when settling: The settlement agreement should state specifically the amount and timing of payment, the scope of waiver of further claims, and any no-contact undertaking, and any penalty clause should not be excessive.
• Relationship with the divorce case: If a divorce lawsuit with the spouse is ongoing, the claim against the affair partner is often filed as well and joined to it (Articles 14 and 2(1)(i)(c) of the Family Litigation Act).

Key Court Decisions

Supreme Court en banc Decision 2011Meu2997, decided November 20, 2014

Held that a third party who infringes on a couple's shared life through infidelity with one spouse in principle commits a tort, but that sexual conduct after the couple's shared life has already broken down beyond repair is unlikely to constitute a tort.

Supreme Court Decision 2023Meu12782, decided June 27, 2024

Held that the liability of the spouse and the third party is a joint tort creating a non-genuine joint and several obligation, and that money paid by the unfaithful spouse during the divorce process may be taken into account in setting the third party's compensation for non-economic damages even where the compensation for non-economic damages portion is hard to separate.

Supreme Court Decision 2025Meu10716, decided January 29, 2026

Held that the short limitation period for a claim for compensation for non-economic damages based on divorce runs from the time the marriage is dissolved, and that a claim for compensation for non-economic damages based on divorce is a Class Da family litigation case, while a claim for compensation for non-economic damages for a specific act of infidelity unrelated to divorce is an ordinary civil case.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026