There are countless things to consider before going through a divorce, but one thing that cannot be ignored is the divorce allowance, commonly referred to as “위자료” in Korea. If the marriage has lasted for several years and one spouse earns significantly higher income than the other, there is a high likelihood that alimony will have to be paid. Since there is often a difference in income between the two spouses, with the husband usually earning more than the wife, alimony usually takes up a significant portion of the divorce process. Therefore, in this column, we will briefly discuss the meaning of alimony and the basic legal knowledge that must be understood in the negotiation process.
If one spouse is responsible for paying alimony, they must determine the amount and payment period of the alimony in order to proceed with the divorce. Once the payment period is determined, the responsible spouse will have to pay a set amount to the other spouse every month during that period. As with most divorce matters, if both spouses can agree on the amount and payment period of the alimony, they can proceed with the agreement after the divorce. If they cannot agree, the court will determine the conditions through a trial, but both spouses will have to spend considerable time and money. Therefore, it is best if they can reach an agreement on the amount and payment period that satisfies both parties, if possible.
To reach the best agreement regarding the payment period of divorce settlement, each spouse’s personal situation must be considered. When looking at cases where spouses have reached an agreement, the agreement can range from continuing to pay the divorce settlement until one of the spouses dies, to continuing to pay it as long as the responsible spouse does not experience significant income changes such as being fired or retiring, or paying for a specific period such as ten years, or continuing to pay as long as one of the spouses does not remarry. Regardless of the content, if the two spouses successfully reach an agreement, the court accepts the content of the agreement and formalizes it into a court order. Therefore, negotiate carefully with your spouse and if there is a possibility of compromising your desires for an agreement, actively use it. A family law attorney can provide professional assistance during this negotiation process.
What should a spouse who receives an unreasonably low amount of alimony offer do? In such cases, it is not always best to proceed with a trial and follow the court’s decision. Therefore, it is necessary to consult a family law attorney for a detailed discussion. As briefly explained above, the system of divorce settlement is in place to help maintain the quality of life that existed during the marriage, even if one spouse is earning less after the divorce. However, when deciding the amount of alimony, the court looks not only at the recipient’s current income but also at their earning potential. In other words, if a wife who was financially dependent on her husband, who earned a high salary, and had no external economic activity as a housewife, demands a divorce settlement that compensates for being unemployed and wishes to continue being jobless, the court is likely to reject it. The court may demand that the woman reduce her future economic dependence on her ex-husband and seek a job. If the woman claims difficulty finding employment, the court may employ a “job expert” to analyze the future earnings that she could receive from a potential employer and reduce the amount of alimony based on the analysis. Additionally, if the recipient of the divorce settlement was working part-time with a very low salary, the court may demand that they find a job with a higher salary or a full-time job. Therefore, just because the other spouse offers a low amount of alimony, it does not mean that a lawsuit must be pursued. It is best to reach the best agreement possible through negotiation.