Can the spouse at fault not receive division of marital property in divorce?

Many people worry about whether a spouse at fault will be disadvantaged in the process of division of marital property in divorce.

In fact, many people mistakenly believe that "if you are responsible for the breakdown of the marriage, you cannot receive division of property," but, to put it plainly, that is not the case.

Division of marital property is a procedure for dividing the joint property formed during the marriage according to each party's contribution, regardless of who is responsible for the divorce.

Therefore, even a spouse at fault can receive division of marital property in divorce if they have contributed to the formation, maintenance, and increase of the property.

The court treats the 'degree of contribution' as the key criterion in division of marital property in divorce.

Who is responsible for the breakdown of the marriage is only one of the factors to consider, and division itself is not excluded merely on the ground that a person had an affair.

Rather, proving how much one actually contributed to the formation of the property is far more important.

In addition, according to case law, not only a spouse at fault but also a party where a common-law marriage has been dissolved, and a spouse where a marriage has been annulled, are considered able to exercise the right to claim division of property.

To sum up, even a spouse at fault can receive division of property if their contribution to the formation of the property is recognized, and it is also quite possible to obtain a favorable outcome.