When you should get advice
- Since we separated, my spouse hasn't given me a single won for living costs
- I'm staying at my parents' home with our child, and money is very tight
- I'm in a divorce lawsuit and don't have enough money to last until the judgment
- My spouse says, 'You left, so I don't owe you anything'
- I want to know whether I can receive several years of living expenses at once
Relevant provisions
Civil Act (민법) Article 826 (Duties between spouses)
Spouses must live together, support each other and cooperate. If they temporarily do not live together for a justifiable reason, each must accept this.
Civil Act Article 833 (Living expenses)
Unless there is a special agreement, the costs necessary for the spouses' life together are borne jointly by the spouses.
Family Litigation Act (가사소송법) Article 2(1)2(b) (Category Ma non-contentious family cases)
Dispositions concerning the spouses' cohabitation, support, cooperation or sharing of living expenses are Category Ma cases ruled on by the family court, and mediation must come first before petitioning for a ruling.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The duty of support remains even if you live apart
Support between spouses means maintaining the other spouse's life at the same level as one's own (Supreme Court decision of August 25, 2017, 2014스26). Living expenses cannot be cut off merely because you are separated.
However, the court does look at who left home and why. If you left to escape violence or verbal abuse, a justifiable reason is easily recognized, but if you left for no reason and cut off contact, your claim may be limited. Keep a record of how you came to leave.
Past living expenses run from when you asked
The same decision said that, unless there are special circumstances, past spousal support (부양료) can be claimed only for the period after support was requested but not provided. Even if you put up with it for years, it will be hard to receive living expenses for that period if there is no record of a request.
So when living expenses are cut off, the first step is to make a request by text message or certified letter (내용증명), stating the date and the amount needed.
The amount is set by both spouses' circumstances
The court looks at both spouses' incomes and assets, the standard of living during the marriage, and who has the children. If you do not know the other spouse's income, you can apply for an asset disclosure order (재산명시) and asset inquiry (재산조회) (Family Litigation Act Articles 48-2 and 48-3).
If you have the children with you, the children's share is often claimed as child support and the spouse's share as spousal support. Organizing receipts for the children's tutoring and medical costs, and records of rent and maintenance fees, makes it easier to explain the amount.
During a divorce lawsuit, use a pre-trial measure
If a divorce lawsuit or mediation is under way, you can apply for a pre-trial measure (사전처분) ordering living expenses to be paid first, without waiting for the judgment (Family Litigation Act Article 62). A pre-trial measure is not enforceable, so it cannot be used to seize assets right away, but failing to follow it can lead to an administrative fine of up to KRW 10 million (Article 67 of the same Act).
If the spousal support ruling is final and payment still is not made, you can apply for a performance order (이행명령), and if three or more monthly payments are missed, you can even apply for detention (감치) (Articles 64 and 68 of the same Act). The decision can also be used to seize wages or deposits.
How Jisan Law's Family Law Center proceeds
- 1
Creating a record of the request
If there is no record of a request yet, we start by sending a written demand stating the amount and date, which sets the starting point for the claim.
- 2
Working out the amount needed
We gather monthly living costs, the children's expenses and both spouses' income records, and calculate the amount to claim.
- 3
Mediation and ruling, or a pre-trial measure
Before divorce, we apply for spousal support mediation and a ruling; during a divorce lawsuit, we also apply for a pre-trial measure.
- 4
Securing payment
If payment is still not made after the decision, we proceed in order with a performance order, detention and compulsory execution.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
What happens to spousal support after the divorce?
The duty of support between spouses lasts only while the marriage continues, so once the divorce is final, it cannot be claimed for the period after that. Life after divorce is settled through property division, compensation for emotional distress and child support.
My spouse is hiding their income.
If you apply for an asset disclosure order, your spouse must submit a list of assets, and if that is not enough, the court can make asset inquiries with financial institutions and others. Material showing your spouse's card spending or standard of living can also be used to estimate income.
We live together, but my spouse won't give me living expenses. Can I claim in that case too?
Yes. The duty of support exists as long as you are married, whether or not you are separated. First make a record of asking for living expenses.