Divorce alimony:
a claim that puts a price on responsibility for the breakdown

How the two claims differ

In consultations we often meet people who treat the two kinds of money as one. Alimony is monetary compensation for the emotional suffering caused when the marriage collapsed through the other spouse's fault. Property division, by contrast, is a procedure for dividing the property built together during the marriage according to what each contributed. As a result, the spouse who had an affair may claim a share of property and still have to pay alimony.

Three ways to claim

1. Joined with the divorce suitThe most common way is to include an alimony claim when seeking a judicial divorce (Article 14 of the Family Litigation Act). Divorce alimony is a Class C family litigation case, so mediation comes first (Article 2(1)1(c) and Article 50).
2. Naming the affair partner as a defendant tooAn alimony claim against a third party is also a Class C case, so the spouse and the affair partner can be named as co-defendants. The two, as joint tortfeasors, bear an obligation akin to joint and several liability (Article 760 of the Civil Act), and when either pays, the other's liability is reduced by that amount. See affair lawsuits →
3. Separately after a divorce by agreementIt is also possible to complete a divorce by agreement first and then claim alimony separately. However, if the agreement signed at the divorce states in effect that "no further claims of any kind will be made," the claim may be barred, so check that wording first.

Circumstances that determine the amount

There is no statutory table setting alimony amounts. The court decides at its discretion in each case by bringing together the following circumstances, so average figures circulating on the internet are of little help.

• Nature and duration of the wrongdoing · How long and in what manner the affair continued, whether violence was repeated
• Years together and family situation · Years of marriage, whether there are minor children, both spouses' ages
• The course leading to the breakdown · How the spouse behaved after the wrongdoing came to light, whether he or she showed remorse or continued the relationship, how he or she treated the other spouse
• The harm suffered by the claimant · Treatment records for conditions such as depression, effects on work and social life
• Each side's degree of fault · If the claimant is also at fault, the amount is reduced accordingly or the claim itself is not accepted.

Calculating the deadline

A claim for damages for a tort is extinguished by prescription if either three years from the date the victim learned of the wrongdoer and the damage or ten years from the date of the act passes (Article 766 of the Civil Act). For alimony arising from divorce, the Supreme Court treated the course running from each act of fault that caused the divorce through to the final divorce as a single tort. It held that the victim is deemed to have learned of the wrongdoer and the damage at the time the marriage was dissolved, and that the three years must be counted from then (Supreme Court Decision 2025Meu10716, decided January 29, 2026). If you completed only the divorce and put off the alimony issue, calculate this deadline in advance.

What to check when settling by agreement

In practice, alimony is more often decided by mediation or agreement than by judgment. If only a total is written down combining alimony, property settlement and child support, then later, when you pursue the affair partner separately, there will be another dispute over how much of what you received from your spouse was alimony. Write the amount and payment date for each item separately, and if payment is in installments, include a clause that any single late payment makes the remaining balance due at once. The right to receive alimony in principle cannot be transferred or inherited, but there is an exception if payment has been agreed or a lawsuit has been filed (Article 806(3) of the Civil Act), so if you intend to claim, it is best not to delay.

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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