[Updated: 2026]

In a Korean divorce, the spouse who caused the marriage to break down may have to pay consolation money. This is money paid for the emotional pain they caused. It is separate from property division, and many foreigners divorcing in Korea have never heard of it. This guide explains what consolation money is, who can claim it, how much Korean courts usually award, and how fault affects the result.

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Q) I’m a U.S. citizen married to a Korean woman having one child.  Currently, we live apart and our child’s living time is split between us. I wouldn’t mind this situation if I knew she could be trusted to care for him safely and properly. But she can’t do this. I’m incredibly worried about his present safety and his emotional development. We have the papers but she won’t sign them, she uses our marital situation to manipulate me. Is there any way I can file for divorce without her consent? If so, where can I do this? Also, what would I need to do to obtain sole parental authority after the divorce?

A) If she keeps refusing to sign the divorce agreement, you have no choice but to file a divorce lawsuit with a Korean court that has jurisdiction over the residence where she resides in order for the divorce to be finalized in Korea. Of course, (more…)