When considering whether to pursue a divorce in South Korea or the United States, various legal and practical factors come into play, especially for a case involving a U.S. citizen husband’s infidelity. This post by Pureum Law Office (PLO) explores the advantages and disadvantages of filing for divorce South Korea vs the United States, taking into account different rules on property division, alimony, and procedural considerations.
I. Background
A woman, who married her U.S. citizen husband in Seoul in 1999 and later acquired U.S. citizenship, is contemplating a divorce after years of separation due to her husband’s infidelity and irreconcilable differences. Both parties possess substantial real estate and cash assets in South Korea and the U.S., but the couple never had children together. Given these circumstances, the question bcomes “is it more advantageous to file for divorce in South Korea or the U.S.?
II. Key Considerations in the U.S.
In the United States, divorce laws and property division rules vary significantly by state. In many states, only the property acquired during the marriage is subject to division, while pre-marital property remains with the original owner. California, however, follows the “community property” principle, where all assets acquired during marriage are divided equally (50:50) regardless of who’s name is on the title.
For a spouse considering divorce in the U.S., especially in a state like California, there could be a significant advantage. If the husband’s infidelity can be proven, not only would the spouse be entitled to half of the marital property acquired during marriage, but she might also claim substantial alimony. Additionally, the U.S. does not generally impose limits on alimony. In high-profile divorces, it is not uncommon for courts to award punitive damages, which can be substantial.
III. Key Considerations in South Korea
In the Republic of Korea, property division in divorce proceedings also centers on assets acquired during marriage. However, unlike California’s automatic 50:50 split, South Korean courts consider each spouse’s contribution to the acquisition and maintenance of those assets. Thus, a spouse might receive a smaller or larger share depending on circumstances.
Moreover, alimony in South Korea is generally more conservative than in the U.S. The amount of alimony awarded rarely exceeds KRW 80 million (around USD 60,000 in 2024), even after a lengthy marriage. South Korean courts also typically do not award spousal support beyond child support, which can be a disadvantage for a spouse seeking substantial post-divorce maintenance.
IV. Mutual Recognition of Divorce Judgments
One critical point to note is that, generally, a divorce judgment obtained in either South Korea or the U.S. can be recognized in the other country under the principle of reciprocity. Therefore, it is not necessary to file for divorce in both jurisdictions. However, certain exceptions exist, such as improper service of documents or a judgment that is fundamentally contrary to public policy.
V. Practical Considerations
For a spouse currently residing in South Korea, initiating a divorce in a U.S. court, such as in California, could involve significant logistical and financial challenges. U.S. residency requirements, typically a minimum of six months, must also be met to file for divorce in most states. Furthermore, if the divorce is filed in a state other than California, there may not be a 50:50 division of property, which could disadvantage the spouse seeking equitable division.
VI. Conclusion
Considering all factors, filing for divorce in California may offer the spouse several advantages, such as a straightforward 50:50 division of marital property and the potential for substantial alimony and punitive damages if infidelity can be proven. However, practical challenges, including the need to establish residency and potential legal costs, must also be considered. Conversely, filing for divorce in South Korea may offer a more convenient and less costly option, though it could result in a less favorable division of property and lower alimony.
Given these complexities, consulting with legal experts in both jurisdictions to develop a tailored strategy is highly advisable. The decision should balance legal advantages with practical feasibility to ensure the most favorable outcome.
Simon Lee, Founding Partner at Pureum Law Office
