Three Years Married, Dual-Income Couple Facing Crisis After Husband's Investment Failure

A couple, married for three years and both working, is on the brink of divorce due to the husband's investment failures and lies. The conflict intensified after it was revealed that the husband had secretly invested in high-risk assets, leading to substantial losses. According to the wife, A, the husband began investing in cryptocurrency and stocks a year ago at the recommendation of a colleague. He increased his investment capital by taking out personal loans and borrowing money from relatives and friends. However, the cryptocurrency he invested in was delisted, and his leveraged stock positions were forcibly liquidated. The husband had previously lost 10 million won in stock investments early in their marriage and promised not to invest again, but he broke that promise and continued to invest secretly.

The husband has since left home, demanding a divorce and the division of their security deposit, while arguing that his wife should share the burden of repaying the investment-related debt.

Lawyer Bae Soo-ji stated that excessive debt incurred from unreasonable cryptocurrency or stock investments, if repetitive and overwhelming, can shake the household economy and destroy trust, thus becoming grounds for divorce. In principle, debts incurred by one spouse to a third party during the marriage are considered personal debts and are not subject to property division. In particular, high-risk speculative investment debts unilaterally undertaken without the spouse's consultation are often difficult to classify as debts related to household affairs and are frequently excluded from property division.

If repetitive investment failures have severely damaged the household economy and led to the spouse abandoning the home, it can be recognized as a fault leading to the breakdown of the marriage. Consequently, Ms. A is entitled to claim compensation for emotional distress from her husband due to the marital breakdown.