What is alimony？ It is compensation when divorcing in Japan.

What is alimony？

Alimony can be claimed if the spouse has the cause of the divorce

The concept of alimony is designed to compensate for divorce situations where one party is at fault. Divorce settlements often involve emotional distress and financial hardship. Alimony serves as a means to provide financial support and acknowledgment of the suffering caused by the wrongful actions of one partner. For instance, if infidelity becomes the primary reason for the dissolution of marriage, the aggrieved party might request alimony to address the emotional and financial impact experienced. Consequently, alimony is crucial in ensuring a fair resolution in divorces where one partner is evidently responsible for the breakup.

The market rate for alimony in Japan ranges from 500,000 yen(About ＄3200） to 5 million yen(About $32,000)

The market rate for alimony ranges from 500,000 yen（About ＄3000） to 5,000,000 yen(About $32,000）,and the amount of alimony varies depending on the following items.

Whether or not the couple divorced

Cause of divorce

The length of the marriage

The amount of alimony varies depending on the above factors. Alimony tends to be higher if the marriage is long and the divorce was caused by adultery.

If you are divorced in Japan, you can claim alimony even if your partner is not Japanese

In Japan, one can claim alimony even if the spouse is not Japanese. The Japanese legal system allows for claims of alimony irrespective of nationality. All people divorcing in Japan has the legal avenue to seek alimony, provided the foreign partner is found at fault for the divorce.

If your spouse left from Japan, it is difficult to get alimony

Collecting alimony becomes challenging when a spouse returned to their home country. In this case, a lawyer in the other country can be asked to collect the money on your behalf, based on the mediation record or the court judgment. However, this is, to be honest, a tough reality. It is very difficult to collect the alimony within three years after the divorce, since it is decided that alimony had to be only be claimed within three years of the divorce.

The laws of the country in which you live apply

When living in the country of an international spouse, the marital laws of that country apply.Legal jurisdiction typically follows residence, meaning that couples must adhere to local laws regarding marriage and divorce. For example, a couple residing in France must navigate French laws, which would be different for alimony and divorce proceedings compared to their home countries. Thus, understanding and adapting to the legal framework of the residing country is essential for couples in international marriages.

Alimony situation in each country

The law about alimony is different in each country. We are explaining the its situation.

The alimony situation in the U.S.

In many states in the U.S., alimony claims against adulterers are not allowed in principle. This can be said to be a difference in the way of thinking depending on the “national character” of the country. In the U.S., when a couple has sexual intercourse with someone outside of the marriage, the marriage is considered to have already broken down at that point.

Alimony situation in the U.K.

In the UK, A spouse cannot seek alimony from the other spouse for committing adultery.　Similarly, you cannot receive alimony from the adulterous husband or wife. There is compensation that can be claimed primarily in the event of an accident or injury to an individual. Although alimony as a legal concept exists, alimony for marital infidelity is not usually granted.

Alimony situation in France

In France, alimony is also not awarded for adultery. In France, it is stipulated that after divorce, the party with the higher income pays a “divorce compensation allowance” to the party with the lower income. Instead of child support or alimony, this consideration is made to ensure that the lower-income spouse’s standard of living is not reduced as a result of the divorce.

Alimony situation in Germany

Germany also has no legal provision for alimony. The idea that one party is responsible for the cause of the divorce and the party who caused the divorce is responsible for the divorce itself does not exist in the first place.

However, if there is evidence of violence, the divorce is not a divorce issue, but a “case of injury” under the criminal law, and alimony may be paid from this perspective.

Alimony situation in Sweden

Alimony is primarily claimed as compensation for physical injuries and mental anguish, but claims for alimony for marital infidelity are not common.

Alimony situation in China

In China, there is alimony, but there is no concept of “mental anguish” as in Japan. Alimony can be claimed only in cases of infringement of the right to family name, portrait, honor, or glory, and only in cases of physical or material damage. However, if a spouse has been living with another person of the opposite sex for a sustained period of time, there are cases in which alimony can be claimed for spousal infidelity.

Examples of international marriage investigations we have been asked to conduct

Husband:Japanese|Wife:Canadian｜Living in Japan

A wife suspects her husband is cheating on her and requests us to investigate. As we have told you, the law is governed by the law of the country in which you live. Therefore, Japanese law is applicable to this couple living in Japan, and if we can obtain evidence of infidelity, they can file a claim for alimony. We investigated the husband’s behavior and caught him coming out of a hotel room with his partner. As a result, she was able to obtain 2 million yen(About $13000) in compensation in addition to the division of property.

Chinese couple｜Living in Japan

This is an example of an investigation request from a Chinese man living in Japan. Suddenly, his wife came home late. Suspecting that his wife was having an affair, he requested our detective firm to investigate the affair. Our investigator staked out his wife’s workplace and found that she had gone out for a drink with a colleague and went straight into the colleague’s house. Our investigator took a picture of her going into her co-worker’s house.

Japanese Couple｜Living in Thailand

In Thailand, as in Japan, it is possible to claim alimony for adultery or cheating. We moved with my family because my husband was stationed in the country. When my husband started going out for dinner and golf entertainment, I suspected he was cheating on me and requested an affair investigation by our detective firm.
After the investigation, we found that he had dinner with a business partner, went to a Japanese-style snack bar, and then went to a hotel with a woman. Our investigators captured photographs of him entering and leaving the hotel with the woman. Based on the photos, we filed a claim for alimony and obtained 66,000THB（About ＄2000）
66 in alimony from the husband.

The reason why you should hire detective

You can collect evidence of infidelity

Using a detective service is crucial for gathering evidence in a contentious divorce. Objective, professionally collected evidence is often necessary to substantiate claims of misconduct and protect one’s legal interests during divorce proceedings. A detective can collect definitive proof of infidelity, which can be pivotal in court cases and settlements. Hence, acquiring professional investigative services can be a decisive factor in securing a favorable divorce outcome.

Little effort or time is taken in the investigation

Employing a detective saves considerable time and effort in the investigative process. Divorcing individuals often face emotional and logistical burdens, making it challenging to conduct thorough investigations independently. Delegating this responsibility allows individuals to focus on personal well-being and legal preparations, reducing stress and ensuring a comprehensive investigation. Therefore, leveraging a detective’s expertise can streamline the divorce process, offering peace of mind and efficiency.

Investigation can be conducted according to local laws

Detectives are adept at conducting investigations in compliance with local laws. Each country has specific legal standards for evidence collection, requiring professional knowledge to meet these criteria. A skilled detective understands regional legal nuances, ensuring evidence is gathered lawfully. Thus, employing detectives ensures investigative practices are lawful and effective.

Conclusion

For divorcing couples, money matters are involved. Alimony is a security deposit that can be claimed against the party who caused the divorce. However, whether alimony can be claimed is governed by the laws of the country in which you live.Therefore, it is essential for divorcees to check the law.
In addition, even if there is a fact of infidelity, alimony cannot be claimed without proof.

If you are considering divorce, please contact us.
We will propose an investigation plan according to your situation.