JapanSpouse committed adultery. Can I claim damages?
Yes, you may claim damages for adultery under Japan’s Civil Code, but you must file within 3 years of discovering the adultery and the spouse’s death or divorce.
What the Law Says
Japanese law allows a spouse to seek monetary compensation (damages) when the other spouse commits adultery. This right arises from tort law and is grounded in the Civil Code.
Under Article 709 of the Civil Code, a person who intentionally or negligently infringes another’s rights or legally protected interests must compensate for resulting damage.
Adultery is recognized as an infringement of the marital relationship — a legally protected interest — giving the injured spouse a right to claim damages against both the unfaithful spouse and the third party involved.
However, the claim is subject to strict time limits: it must be brought within 3 years from when the injured spouse becomes aware of both the adultery and either the divorce or the death of the unfaithful spouse (Civil Code Article 724).
If the unfaithful spouse dies before divorce, the claim against them expires; however, the claim against the third party remains viable if filed within the statutory deadline.
Statutory TextA person who, by intentional act or negligence, infringes upon another's rights or legally protected interests shall be liable to compensate for the damage thereby caused.
— Civil Code, s. 709 — Liability for Tort
Statutory TextThe right to claim damages for injury to life or body, or for injury to property, shall be extinguished after three years from the time when the injured party or his legal representative becomes aware of both the injury and the identity of the perpetrator.
— Civil Code, s. 724 — Limitation Period for Tort Claims
What to Do
Confirm the facts: gather credible evidence of adultery (e.g., photos, messages, witness statements).
File a claim for damages within 3 years of learning both the adultery occurred and that divorce or death has taken place.
Consider filing for divorce simultaneously — third-party claims generally require divorce to proceed.
Consult a Japanese-licensed attorney to assess viability and prepare demand letters or litigation.
Note: Claims against third parties are more difficult to prove and win without clear evidence of intent and participation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.