Husband Who Abandoned Brain-Injured Wife Sues for Divorce, Property

A case has emerged of a husband who abandoned his wife after a traffic accident left her with the cognitive ability of a five-year-old, then filed for divorce five years later in an attempt to claim their shared assets.

A woman in her 50s identified as "A" shared her story on YTN Radio's legal consultation program hosted by attorney Jo In-seop. A's younger sister suffered a severe traffic accident in the year marking her 20th wedding anniversary, leaving her with cognitive abilities reduced to that of a five-year-old child.

The husband initially cared for his wife for a month or two before leaving home and cutting off all contact. "I couldn't ignore my niece crying and begging for help every day, so I brought my sister to my home," A said. "My husband, my son and I have been caring for her for five years now."

She added that while caring for her sister, who had suddenly become like a child, was difficult, she persevered thanks to her family's understanding.

Recently, however, A's brother-in-law sent divorce papers demanding that assets be divided according to whose name they are registered under. The security deposit for the hardware store the couple operated and their apartment are all registered in the husband's name.

"I cannot stand by while this man who abandoned his sick wife and ran away now tries to take all the property and get divorced," A said. "My sister can barely speak, and I feel so sorry for her."

Attorney Ryu Hyun-joo explained that A's sister, with cognitive abilities at a five-year-old level, lacks the legal capacity to participate in litigation. "She cannot proceed with a lawsuit independently and must have an adult guardian appointed," Ryu said.

Once an adult guardian files for and receives court permission to represent her in litigation, she can properly respond to the divorce suit. Ryu noted that A has a high likelihood of being appointed as guardian since she is her sister's de facto caregiver.

Regarding the divorce filing, Ryu said, "Abandoning a sick wife and leaving home is clear desertion. He is clearly the at-fault spouse who violated the marital duties of cohabitation and support, so the court will likely reject his divorce claim."

Courts in principle do not grant divorce requests from at-fault spouses, the attorney explained.

However, Ryu advised that since maintaining the marriage appears impossible and all assets are in the husband's name, it would be more advantageous for the sister to file a counterclaim for divorce seeking alimony and a fair division of property rather than simply seeking dismissal of his claim.

"Unless the assets were acquired by the brother-in-law alone after the separation, they can be fairly divided," Ryu said. "Financial assets require verification of both the balance at the time of separation and the current balance to determine whether any assets were hidden or squandered."