When your spouse cuts off living expenses during separation

Doing these in order moves forward the date from which you can claim.

If you have the children with you, keep separate notes of the money spent on the children and your own living costs. You can use them as is later when claiming child support and spousal support separately.

• Send a request for living expenses by text or KakaoTalk. State the amount needed, the account to send it to and the date, and save a screenshot.
• If there is no reply, send the same content once more by certified letter (내용증명).
• Make a table of the date living expenses stopped, the amount you received before, and what you actually spend each month.
• Write down any leads for checking your spouse's income, such as their workplace, payday and business address.

Also avoid retaliating in kind if your spouse has frozen your card. Resolving living expenses through records and procedures is faster in the end, and emotional responses can be used against you when each side's faults are weighed in a divorce lawsuit.

• Withdrawing all the money from a joint account at once. This can escalate the dispute over property division.
• Contacting your spouse's company to tell them about the living expenses problem
• Demanding living expenses in exchange for letting your spouse see the children. Visits with the children and living expenses are handled separately.

Spouses have a duty to support each other even when living apart (Civil Act (민법) Article 826). However, in a decision of August 25, 2017 (2014스26), the Supreme Court held that past living expenses can be claimed only for the period after they were requested but not paid.

Even if you put up with it for years, if there is no trace of a request, it will be hard to receive support for that period. The message you send today becomes the starting point of your claim.

When making the request, rather than 'please send some living money', it is better to state the amount and date clearly, for example: 'From this month, please send KRW ___ to this account by the ___ of each month.' If there are particular costs, such as the children's tutoring or medical bills, include the reason as well.

Before divorce, you claim spousal support (부양료) from the family court. It is a Category Ma non-contentious family case, so it starts with mediation (조정), and if no agreement is reached, the court sets the amount by looking at both spouses' incomes, assets and standard of living. If you do not know your spouse's income, you can apply for an asset disclosure order (재산명시) and asset inquiry (재산조회).

If a divorce lawsuit is already under way, apply for a pre-trial measure (사전처분) ordering living expenses to be paid first until the judgment (Family Litigation Act (가사소송법) Article 62). Failing to follow a pre-trial measure can lead to an administrative fine of up to KRW 10 million.

When the amount is being set, it helps to show by item what you actually spend, such as rent or maintenance fees, food, phone bills and the children's education. If your spouse seems to be hiding income, also submit material showing their card spending or standard of living.

If the spousal support ruling is final and payment still is not made, you apply for a performance order (이행명령). If three or more monthly payments are missed, you can apply for detention (감치) for up to 30 days (Family Litigation Act Articles 64 and 68). Compulsory execution, such as seizing wages or deposits using the ruling, is also possible.

If your spouse works for a company, seizing wages is often the most effective; if they are self-employed, deposits and real estate are found through an asset inquiry and seized. Violating a performance order can also lead to a separate administrative fine.

At Jisan Law, the managing partner consults with you personally, works out the wording of your written request with you, and decides in what order to file the spousal support claim, the divorce lawsuit and any pre-trial measure. We also prepare applications to check your spouse's income.