When a marriage is shaken by a third party, many feel wronged and want to hold the “other person” accountable. A question our team is often asked is: “Can I really claim compensation for adultery, what proof do I need, and how much can I recover?” This article explains it clearly, including the law that was newly amended in 2024.
Which law allows an adultery compensation claim?
The right to claim compensation from a third party is set out in Section 1523 of the Civil and Commercial Code, in two main situations: (1) when the court grants a divorce because the other spouse maintained or honoured someone else as a spouse (under Section 1516(1)), the wronged spouse may claim compensation from both the offending spouse and the person who caused the divorce; and (2) a spouse may claim compensation from a person who wronged their spouse in an adulterous manner, or who “acted openly” to show an adulterous relationship with their spouse.
The key — proving “acting openly” and “knowledge of the marriage”
A common misconception is that you must catch the couple in the act. In reality, what the law weighs is conduct in which the third party openly displays to others that there is a relationship — going out together as a couple, living or staying overnight together, or posting couple-style photos on social media.
Supreme Court Judgment No. 4261/2560 set a clear principle: a spouse may claim compensation from such a third party even where the marriage had already been dissolved by the time of filing — on the key condition that the third party “already knew” the other person was married but still intentionally infringed the spouse’s rights. Gathering evidence such as photographs, chats, or witnesses is therefore the heart of the case.
How much, and by when must you file?
The law fixes no set figure for compensation; the court exercises discretion “according to standing” — the financial position of the parties and the circumstances of the case, under Section 1525. The more serious the conduct and the higher the parties’ standing, the higher the likely award.
The most important thing to watch is the limitation period: Section 1529 requires the claim to be filed within 1 year of the date the wronged spouse knew or should have known of the relationship. Leaving it too long means the claim becomes time-barred and the right is lost immediately.
Important update — the 2024 adultery law
Previously Section 1523 used the words “husband or wife,” limited to a man-and-woman couple. It was later amended by the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024) to align with marriage-equality law, changing the wording to “spouse” — so the right to claim adultery compensation now covers couples of all genders equally.
If you are facing this situation, staying composed, gathering your evidence systematically, and consulting a lawyer before the 1-year limitation expires is the most important step in protecting your rights.
