What's divided and how
The pool is marital property acquired through joint effort. Premarital assets and inheritances or gifts are generally separate property, but can be included if the other spouse helped maintain or grow them. Courts weigh income, homemaking and childcare, and marriage length; splits near 50% are common in long or dual-income marriages. Shared debts are divided too.
Pensions and deadlines
Korea's Supreme Court held in 2013 that even future retirement benefits can be divided, and spouses married five-plus years may claim a split National Pension. Claims must be filed within two years of divorce. This is separate from consolation money (wichaeryo) for emotional harm and from child support. Unlike U.S. community-property states with automatic 50/50 rules, Korea uses contribution-based division. General information only.
FAQ
- Do stay-at-home spouses get a share?
- Yes—housework and childcare count as contributions.
- Does cheating affect the split?
- Fault mainly affects consolation damages, not property division.
Sources reviewed: 2026-10-26
References
- 「민법」 제839조의2, 제843조.
- 대법원 2013. 10. 11. 선고 2013다7936 판결(퇴직급여 재산분할 대상).
- 법원행정처. 『이혼 소송 안내』.