In order for one party to claim compensation for divorce, the other party must be responsible for the breakdown of the marriage.
Compensation may be claimed in relation to such conduct as adultery and domestic violence.
The conduct of the offending spouse must be as serious as that required by the law of torts under Article 709 of the Civil Code in order to form the basis of a compensation claim.
Such compensation may be claimed either as part of, or separate from, the claim for distribution of property.
The following factors may be taken into account when calculating the amount of compensation:
・The extent of liability of the other spouse for the causing the breakdown of the marriage
・The degree of mental pain suffered by the spouse claiming compensation
・The duration of the marriage
・The social status of the other spouse
・The capacity of the other spouse to pay compensation
・The existence of a minor child
・The necessity of financial support after the divorce