The story of a woman who wants to divorce her irresponsible husband has been revealed, as he recklessly incurred debt and disposed of his in-laws’ property without agreement.
According to YTN Radio’s Lawyer Jo In Seob’s Counseling Center on the 9th, a woman living with her overly ambitious husband for 30 years came as a guest.
Instead of maintaining a steady job, her husband continuously changed his business items and incurred more debt than what he had made. He even stole his wife’s seal to guarantee a friend’s debt 10 years ago.
On the other hand, the wife worked part-time at a supermarket and a restaurant to make a living. She used the inheritance from her parents for living expenses and business funds, and she was able to earn a small amount of income of monthly rent from a small building she inherited.
In the meantime, her husband’s debt increased due to his failure in cryptocurrency investment. Seeing no hope, the wife notified him of the divorce and moved to her daughter’s house.
The husband opposed the divorce, claiming that financial difficulties cannot be the grounds for divorce. He sold the building he inherited from his in-laws while he was temporarily separated from his wife. He argued that he would divorce when she gave up the pension since they have been paying the national pension with the money earned through his business.
Hearing the story, lawyer Jo Yun Young said that this case could fall under the grounds for divorce, as the husband created excessive debt, unstabilizing the family economically, and even deceived the wife to guarantee a debt. Furthermore, it is difficult to expect a chance of reconciliation as they are separated, so a divorce is likely to be possible when filing for a divorce.
Lawyer Jo said that considering the wife’s circumstances of her 30 years of marriage and managing and maintaining the inherited building, it is included in the property division.
Meanwhile, under the National Pension Act, the right to claim a divided pension is recognized for divorced spouses. If you have been married for more than 5 years and are over 60 years old, you can equally divide the amount of old-age pension corresponding to the marriage period. However, the division ratio may vary if there is an agreement between the divorce parties in consultation or court, or if there is a court decision.
