“Fake Divorce” Backfires: Woman Seeks Legal Recourse After Husband’s Betrayal
A South Korean woman is seeking legal advice after a divorce initially intended to shield family assets during financial hardship led to unexpected heartbreak and a potential claim for further support.
A 25-year marriage unraveled in a surprising twist of events, beginning with a strategic, yet ultimately devastating, decision. The woman, identified as Ms. A, recently shared her story on YTN Radio’s ‘Attorney Jo In-seop’s Counseling Center’, detailing how she agreed to a divorce on paper at her husband’s request five years ago.
COVID-19 and a Precarious Business
The impetus for the unusual arrangement stemmed from financial difficulties exacerbated by the onset of the COVID-19 pandemic. According to Ms. A, her husband asserted that a divorce was “necessary to protect my family” as his business faced imminent danger. With an eldest son entering college and a younger son in middle school, the financial burden of education and living expenses was substantial, leaving Ms. A feeling she had little choice but to comply.
Despite the legal separation, the couple continued to live as a unit in many respects. Her husband continued to visit the family home, cautiously acknowledging the need to maintain the facade of the divorce to avoid creditors. Crucially, he continued to provide living expenses and cover the children’s school fees. Ms. A also maintained ties with her in-laws, regularly attending family events.
A Turn for the Worse
However, as her husband’s business rebounded and even expanded with the acquisition of new real estate, Ms. A hoped for a reconciliation. Her hopes were dashed when her husband abruptly rejected her, stating, “We already divorced five years ago. Now that the kids are grown, I can’t pay child support or living expenses.”
The situation took an even more painful turn when a friend informed Ms. A of her husband’s apparent infidelity. A photograph surfaced, showing him smiling and carrying a golf bag alongside another woman at an airport. When confronted, the husband reportedly dismissed her concerns, stating, “I got divorced, so what does it matter? Don’t contact me again.”
“I cried because I thought I had been completely deceived by my husband,” Ms. A lamented.
Legal Options Limited, But Not Nonexistent
Legal counsel suggests Ms. A faces an uphill battle. Attorney Cho Yoon-yong explained on the radio broadcast that, given the divorce was legally processed, it is considered valid. Furthermore, claims for property division are typically limited to a two-year window from the date of divorce, making a claim after five years particularly challenging.
However, a potential avenue for recourse exists. If Ms. A can demonstrate that the couple continued to function as a family unit after the divorce – through continued financial support and participation in family life – the arrangement may be recognized as a common-law marriage. In such a case, she could potentially pursue claims for alimony or a share of the marital assets accumulated after the divorce.
The case highlights the complex legal and emotional ramifications of unconventional marital arrangements and the importance of seeking comprehensive legal advice before making life-altering decisions.
