이혼 시 주거이동 결정요인의 성별 차이 분석 - 서울가정법원 판례 분석 -

The issue of who gets to stay in the joint home and who moves out is one of the most important issues ex-partners have to contend with on divorce, together with child custody, property division, and emotional stress. This study is the first in the nation to investigate which partner of a couple moves from the joint home after seperation. For that, this study analyzes gender differences in the determinants of residential mobility on divorce, using data from Seoul Family Court’s Decisions on marital property division on divorce. The results show that a partner who was mainly responsible for the seperation was more likely tp leave, as were those for whom adultery was a reason for the seperation. But, if domestic violence was a reason for seperation, woman was more likely to leave out. It can be seen as reflecting the gender difference for the acceptability of violence and conservative values to the male gender role. A woman was less likely to leave when the partnership had been longer lasting. A man was less likely to leave when the couple lived in an owner-occupied home. This study has introduced a theoretical framework to investigate who moves out after seperation. But, this study has several limitations and it calls for other studies.