As of 2026, claiming alimony (spousal support) for a spouse's adultery is possible even if the affair occurred years ago. The statute of limitations for alimony claims related to the cause of divorce can be recalculated from the date the divorce is finalized. This is based on Supreme Court precedents, allowing legal action even after several years have passed, provided the divorce is confirmed.
Can You Claim Alimony if It's Been Over 3 Years Since You Knew About the Adultery?
It’s a common misconception that the statute of limitations for claiming alimony due to a spouse's infidelity begins the moment you discover the affair. However, courts often interpret this differently, especially when the alimony claim is tied to the cause of the divorce itself. According to a significant Supreme Court ruling (Supreme Court Case 2025므10716), the injured spouse is considered to have recognized the damage and the perpetrator only at the point when the marital relationship ultimately breaks down and the divorce is finalized. Therefore, even if you knew about the affair years ago but remained married, the 3-year statute of limitations for alimony can be recalculated from the date your divorce is confirmed. This offers hope for those seeking alimony for past infidelity that led to their divorce.
When Does the Statute of Limitations for Alimony Claims Begin?
The starting point for the statute of limitations on alimony claims depends on the nature of the claim. For a claim based solely on the act of adultery itself, the statute of limitations is 3 years from the date the wronged party knew about the act and the perpetrator, as per Article 766, Paragraph 1 of the Civil Code. However, in cases where adultery leads to the breakdown of the marriage and subsequent divorce, the claim is viewed as compensation for damages resulting from the divorce. In such instances, the 3-year statute of limitations is applied from the date the marriage is finally dissolved, meaning when the divorce settlement is finalized or the court ruling is confirmed. This distinction is crucial, highlighting the importance of consulting with a legal professional to accurately determine the grounds for your claim and the correct starting point for the statute of limitations.
How Should You Prepare for an Alimony Lawsuit Due to Adultery?
When preparing for an alimony lawsuit stemming from a spouse's adultery, a systematic approach is essential. First, clearly define the grounds for your claim. Strategically determine whether you are seeking alimony solely for the act of infidelity or for the resulting breakdown of the marriage and divorce. If the claim is based on the divorce, remember that the 3-year statute of limitations begins from the divorce finalization date. Second, focus on gathering objective evidence. Meticulously collect evidence such as text messages, call logs, photos, and social media conversations that can objectively prove the involvement of a third party. Third, it is crucial to establish the causal link between the illicit act and the marital breakdown. Using the evidence you've gathered, you must legally demonstrate how the third party's actions disrupted the marital co-living and led to the divorce.
What Should You Be Aware of When Claiming Alimony?
There are several important considerations when pursuing an alimony claim due to adultery. Firstly, always verify whether the statute of limitations has expired. As explained, while claims based on divorce start from the finalization date, claims based solely on the act of adultery may be time-barred if more than 3 years have passed since you became aware of it. Secondly, avoid using illegal methods when collecting evidence. Actions like secretly accessing your spouse's phone or engaging in surveillance can lead to legal repercussions. Thirdly, the amount of alimony is determined by considering various factors, including the circumstances of the marital breakdown, the severity of the offending party's actions, the parties' education, occupation, financial status, and whether children are involved. Therefore, it's important to calculate a reasonable amount based on objective data. Consulting with a legal expert can help you formulate the best strategy tailored to your specific situation.
For more details, check the original source below.
