Interference with Spousal Rights

Abstract

Divorce is one of the most emotional types of litigation, and it is not rare for spouses to pursue every available remedy. Most jurisdictions recognize some economic remedy in the event one spouse is responsible for the marriage’s breakdown. Japan allows for a type of compensation known as “rikon isha-ryō”, which is not based on family law provisions but rather was developed under the rules of delictual liability as established under article Art. 709 CivC.

In addition, Japan is unique within civil law jurisdictions as it will also recognize a claim against third parties if their conduct resulted in the deterioration of the marriage, usually in a case of adultery. Known as “futei kōi isha-ryō” or “futei isha-ryō”, the Supreme Court first recognized such claims in 1979. Since then, the courts have developed standards that range from extenuating circumstances to liquidation of damages.

Traditionally, the main difference between “rikon isha-ryō” and “futei isha-‌ryō” is that the former is a claim against a spouse, while the latter can be brought against both the spouse or a lover. The period for the statute of limitations also differs between these two claims.

In 2019, the Supreme Court made a ruling that cemented the difference between these two claims but which raises some questions about who can be found liable for “rikon isha-‌ryō”.