South KoreaWhat are the criteria for alimony/consolation money?
Alimony or consolation money in South Korea is determined by factors including the length of marriage, each spouse’s conduct, economic status, and degree of fault — but there is no fixed formula or statutory cap.
What the Law Says
South Korean law does not prescribe a mathematical formula or fixed ceiling for alimony or consolation money. Instead, it sets out qualitative factors courts must consider when determining fair amounts.
Under the Civil Act, consolation money (often called 'alimony' in informal usage, though distinct from post-divorce spousal support) is awarded to redress emotional harm caused by divorce—especially where one party is at fault. It is governed primarily by Article 840 and Article 842.
Article 840 allows a spouse who suffers mental distress due to the other spouse’s unlawful act (e.g., adultery, abandonment, abuse) to claim compensation. Article 842 states that the amount of compensation 'shall be determined by taking into account the degree of fault, the extent of damage, and the financial status of both parties.'
Courts assess these factors case-by-case: duration of marriage, age and health of spouses, standard of living during marriage, income/assets, and seriousness of misconduct (e.g., repeated infidelity or domestic violence). No minimum or maximum amount is set by statute.
Statutory TextThe amount of compensation shall be determined by taking into account the degree of fault, the extent of damage, and the financial status of both parties.
— Civil Act, Art. 842 — Compensation for Mental Distress
Statutory TextA person who has suffered mental distress due to an unlawful act of another may claim compensation therefor.
— Civil Act, Art. 840 — Right to Claim Compensation for Mental Distress
What to Do
Gather evidence of fault (e.g., messages, witness statements, police reports) and financial records (income, assets, debts).
Consult a Korean-licensed attorney to assess whether your situation meets the threshold for consolation money under Arts. 840 and 842.
File a claim for consolation money either jointly with divorce proceedings or separately within the statutory limitation period (typically 3 years from knowledge of harm, per Art. 766).
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.