Decriminalization of adultery likely changed women’s views on divorce following spousal infidelity in South Korea

Background: Laws imposing criminal penalties for extramarital affairs stir intense debates in several countries, highlighted by recent repeals in countries like India, South Korea, and Taiwan. However, we currently lack empirical studies of their societal impacts. Objective: This study examines the impact of decriminalizing extramarital affairs on women’s attitudes toward divorce in cases of potential spousal infidelity in South Korea. Methods: We analyze the first five waves of the Korean Longitudinal Survey of Women and Families, which provides a nationally representative sample of adult women in South Korea. The fifth wave coincides with the public announcement of the adultery law’s repeal. For causal identification, we leverage the potentially exogenous timing of the Constitutional Court’s decision in a difference-in-differences analysis. Results: Our findings reveal a notable shift in attitudes after the repeal: The decriminalization of extramarital affairs has led women to be less likely to consider a husband’s infidelity as justifying divorce on its own. Conclusions: Decriminalizing adultery laws can affect societal views, shifting how women perceive spousal infidelity as a basis for divorce. Contribution: While discussions about adultery laws frequently rely on empirical arguments, significant research gaps remain on their societal effects. This study provides what is, to our knowledge, the first empirical and potentially causal analysis of the consequences of decriminalizing adultery, an issue that sparks considerable debate in many countries. It establishes an empirical basis for further exploration, encouraging continued research and more informed public discussions. Future research directions are also briefly discussed.