Reform New Party "Specify in Civil Law 'De Facto Marriage Breakdown After Separation of 3 Years or More'"

Claiming 50% of the At-Fault Spouse's Property Share as 'Punitive Alimony'

The Reform New Party has proposed a policy pledge to add a provision to the Civil Act stating that "a de facto breakdown of marriage occurs after three years or more of separation." Additionally, when claiming damages against a spouse responsible for the breakdown of the marriage, it will be possible to claim "punitive alimony" up to a maximum of 50%.

On the afternoon of the 6th, Lee Jun-seok, leader of the Reform New Party, Yang Hyang-ja, floor leader, and Kim Yong-nam, chairman of the Policy Committee, announced this as their 11th policy pledge at the National Assembly Communication Office.

The Reform New Party stated, "Forcing a broken marital relationship to be legally maintained is not a good method not only for the parties involved in the marriage but also for related family members," and added, "We will specify the principle of breakdown by adding a provision to Article 840 of the current Civil Act, which stipulates grounds for divorce by litigation, stating 'when separation continues for more than three years, resulting in a de facto breakdown of the marriage.'"

Lee Jun-seok, leader of the Reform New Party, is making a military-related policy announcement at the National Assembly on the 29th. On the left is Representative Yang Hyang-ja, who officially declared the merger and will serve as the floor leader of the Reform New Party. Photo by Kim Hyun-min kimhyun81@

According to Article 840, Clause 6 of the current Civil Act, an abstract and general ground for divorce is stipulated as "other serious reasons making it difficult to continue the marriage." In such cases, court precedents follow the so-called "fault principle," which generally does not allow the spouse who caused the breakdown to file for divorce. Even if the marriage is broken, if the innocent spouse wishes to continue the marriage, divorce is impossible.

The Reform New Party explained, "By specifying the principle of breakdown, when the marriage is de facto broken, the party filing for divorce does not need to consider whether they are the fault spouse, allowing the dissolution of the marital relationship and giving both parties a chance for a fresh start."

They further stated, "Since introducing the principle of breakdown will allow the party at fault to also file for divorce, protection measures for the innocent party must be prepared," and argued, "When claiming damages against a spouse responsible for the breakdown of the marriage, a 'punitive alimony' system with the nature of punitive damages should be introduced."

They said, "Under the current system, no matter how responsible the spouse is, the damages the other spouse can receive are limited to alimony as compensation for mental suffering," and added, "The amount will be calculated considering the degree of fault of the responsible spouse, the extent of damage to the other spouse, and the total amount of property division, but it will be possible to claim alimony up to 50% of the property allocated to the fault spouse in the existing property division process."

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