My husband had an affair while separated from me. Can I receive adultery consolation money?

Yes, an adultery consolation money lawsuit can be filed regardless of whether you divorce.

As in your situation, you can file an adultery consolation money lawsuit even while separated or during a reflection period.

However, for an affair that occurred during a period of separation, whether the claim is granted may vary depending on the circumstances.

According to precedent, where the marital life has already broken down due to discord and separation, even if a third party has an affair with one spouse, the other spouse cannot claim damages against the paramour.

However, there is also a ruling that adultery consolation money can be received if it is proven that, even during separation, one discussed reuniting with the spouse or continuously made efforts to restore the marital relationship.

Therefore, securing evidence of the affair is very important, and this can increase the possibility of being able to claim consolation money.

Usually, text messages or social media content exchanged between the spouse and the paramour, CCTV footage, dashcam footage, and card payment statements are recognized as valid evidence.

In order to lawfully gather evidence related to adultery consolation money and to proceed with litigation, it is important to obtain the help of a specialized attorney.