Foreign Spouse's Affair with a Korean National: Can You Sue?

 An Overlooked Question in Affair-Partner Lawsuits

If your spouse had an affair with a Korean national, can you sue for damages? And if the marriage ends in divorce while that lawsuit is still pending, does the amount of compensation change?

As a lawyer, I've handled a number of cases where an affair-partner lawsuit and a divorce case were pursued together. Recently, though, a column by a divorce attorney in a Korean media outlet got me thinking about a question that hasn't received much attention here yet: what happens when the unfaithful spouse isn't Korean, but had an affair with someone who is? In other words, when an affair crosses national lines, can a foreign spouse still bring what's known in Korea as an “affair-partner lawsuit” — a civil claim against the person their spouse cheated with?

A recent column in the Korean outlet Prime Economy raised a related issue. It described a familiar pattern: someone discovers their spouse has been unfaithful but doesn't file for divorce right away, often because of young children, or because they're still hoping the marriage can be saved. Instead, they sue only the affair partner for damages. But sometimes, while that lawsuit is still pending, the affair continues or the marriage deteriorates further, and the couple ends up divorcing anyway. The column asked a fair question: if the couple was still married when the affair-partner lawsuit was filed but divorced by the time it's decided, does that change how much the affair partner has to pay?

As the column noted, Korea's Supreme Court has held that when a third party has an affair with a married person, and that affair undermines the couple's shared life or interferes with the marriage while causing the other spouse emotional distress, it generally amounts to a tortious act — a civil wrong the injured spouse can sue over.

Kim Kwang-woong, “If You Divorce During an Affair-Partner Lawsuit, Can You Recover More in Damages?,” Prime Economy, Aug. 28, 2026.

The column's main point was that once a couple actually divorces during the lawsuit, the amount of compensation can shift. Courts look at the full picture — how long the affair lasted, how serious it was, and the circumstances that led to the divorce — in setting the damages figure. That's genuinely useful information for anyone thinking about bringing this kind of case.




What If the Spouse Is Foreign, But the Affair Partner Is Korean?

Reading that column got me thinking about a related but different scenario. There are certainly foreign nationals who are married to a Korean spouse and living in Korea, and there are also foreign couples where one spouse, while visiting Korea, had an affair with a Korean national — damaging or even ending their marriage.

As international marriages become more common, I suspect quite a few foreign spouses have found themselves in exactly this kind of situation. The trouble is that many of them may not even realize they have the legal right to sue the Korean affair partner for damages.

Here's the short answer: your spouse's nationality is not a barrier to bringing an affair-partner lawsuit in Korea. As mentioned above, the Supreme Court's rule is that a third party who has an affair with a married person — undermining the marriage and causing the other spouse emotional harm — has generally committed a tort. That rule doesn't change just because one spouse happens to hold a foreign passport. If the affair partner is a Korean national and the affair took place in Korea, Korean courts should have jurisdiction, which means it appears possible to bring a damages claim against the affair partner in a Korean court.

Losing the Chance to Sue, Simply for Lack of Information

In my experience advising clients, foreign spouses often give up on an affair-partner lawsuit — not because the law is against them, but simply because they don't have enough information. Korea's legal system can be unfamiliar territory, and it's genuinely difficult to figure out which law firms actually handle affair-partner or divorce cases on a regular basis. Add a language barrier on top of that, and the whole process can feel overwhelming before it even starts.

As a result, I've seen cases where someone had a perfectly valid claim for damages but missed the window to bring it, or gave up on the claim altogether. Given how the statute of limitations works, and how important it is to gather evidence early, that's a genuinely unfortunate outcome.

Why the Affair-Partner Lawsuit and the Divorce Case Should Be Prepared Together

As that column points out, when a couple divorces while an affair-partner lawsuit is still pending, the court looks at the full timeline in deciding damages — when the affair began, what efforts were made to save the marriage, and how the separation and divorce came about. In other words, the affair-partner lawsuit and the divorce case aren't really separate matters. They need to be prepared together, as part of one continuous story.

I've handled a number of cases where I managed both the affair-partner lawsuit and the divorce case together, as a single matter. If your marriage has been damaged, or is at risk, because of your spouse's affair, and you're not sure which law firm to trust with your case, feel free to reach out to my firm. This is especially true if your spouse is a foreign national and Korea's legal system and procedures feel unfamiliar — in that situation, it helps enormously to think through the affair-partner lawsuit and the divorce case together from the very beginning.

In Closing

In an affair-partner lawsuit, damages aren't decided by looking at the divorce alone — they're determined by examining the entire process, from when the affair began to how the divorce ultimately came about. That principle applies the same way no matter what nationality is involved. If your spouse's affair has put you through a difficult time, and the fact that your spouse is a foreign national makes the situation feel even more overwhelming, I'd encourage you not to give up on your claim simply because of nationality. Talk to a lawyer first.

To inquire about litigation in Korea, please contact: solon2025@naver.com

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