It is possible to file a claim for alimony without divorce.

[Beyond Post Reporter Kim Min-hyuk] Infidelity refers to having an illicit relationship with someone of the opposite sex other than one's spouse, and this is a clear ground for divorce under civil law. With the abolition of the crime of adultery in 2015, criminal punishment for those who have committed adultery with the other spouse has become impossible, but it is possible to claim alimony in the form of compensation for damages caused by the affair.

According to civil law, a lawsuit can be filed to claim alimony for the infidelity between the spouse who committed an affair and the adulterer. Since it is a separate case from the trial divorce proceedings, alimony may be filed only against the adulterer without proceeding with the divorce from the spouse.

The statute of limitations for a claim for incestuous masturbation data is that the lawsuit must be filed within 3 years from the date of learning of the affair and within 10 years from the first period of the affair. Compensation varies depending on the reason for the fault, but is usually set at 10 million to 30 million won.

Since the purpose of these types of adulterous lawsuits is to obtain satisfactory compensation, it is important to prepare the lawsuit carefully. First, it must be proven with objective evidence that the guilty spouse and the adulterer have continued to have an illicit relationship.

This is because in order to receive compensation for damages, there must be clear evidence that the family was broken up due to an affair with a married person and that the spouse suffered psychological damage as a result. As evidence of an affair, various materials such as messenger conversations between the spouse and the adulterer, SNS history, and vehicle black boxes can be used.

If such evidence of an affair is obtained through illegal means such as through a detective agency or errand center, not only will it not be recognized as evidence in court, but in many cases it will be subject to criminal punishment, so it must be collected through legal procedures.

Attorney Kwak Hye-jin of Daeryun Law Firm (Yuhan) advised, “If you find out about your spouse’s affair, it is not right to make a claim based only on emotional aspects. The process of collecting evidence and the results must all be legal and clear to obtain a favorable result for you.”

He added, “Even if you do not necessarily divorce, you can only claim alimony from the person who committed incest. If you cheat again after the lawsuit, you can file a lawsuit repeatedly, so it is best to get legal help from a divorce lawyer.”

See full article - It is possible to sue for incest, claim alimony without divorce (beyondpost.co.kr)