When a marriage ends in Korea, one of the most important questions is how the couple’s property will be divided. This guide explains who has the right to a property division, what assets are included, how Korean courts decide each spouse’s share, the deadline to file, and the tax consequences — based on Article 839-2 of the Korean Civil Act and Supreme Court precedent.

Does Korean Law Always Apply? A Note on Governing Law

Everything in this guide describes how property is divided under Korean law. But Korean law does not automatically apply to every divorce connected to Korea. In an international marriage, a Korean court must first decide which country’s law governs the divorce and the property division — and that governing law is not always Korean law.

Under Korea’s Act on Private International Law, the governing law is determined in stages: the law of the spouses’ common nationality applies first; if they have no common nationality, the law of their common habitual residence applies; and failing that, the law of the place most closely connected to both spouses applies. There is an important exception — where one spouse is a Korean national habitually residing in Korea, Korean law applies.

This means that in real cases a Korean court may apply a foreign country’s law to the property division, and there are in fact many such decisions. When foreign law governs, the assets are divided according to that foreign law — which may follow a community-property (50/50) approach or other rules quite different from the Korean equitable-distribution principle described below. Determining the governing law correctly is therefore a critical first step, and it can significantly change the outcome.

Read more: (Q&A) International Divorce in Korea: Jurisdiction, Governing Law, Asset Distribution and Immigration Issues

Who Has a Right to Property Division under Korean Law?

Korean divorce law gives every spouse a statutory right to claim a division of property. This right is set out in Article 839-2 of the Korean Civil Act, and it belongs to any party divorcing under Korean law — including a spouse who is responsible for the marriage breakdown.

Some people assume a spouse at fault loses this right, but that is not true. The Korean Supreme Court has confirmed that even a spouse who committed adultery can still claim a share of the marital property, because property division is a settlement of jointly built assets — separate from the question of fault.

The division is determined by the parties’ agreement first. If no agreement is reached, or if agreement is impossible, the Family Court will decide the amount and method of division upon a party’s petition.

How Are Marital Assets Divided in Korea?

What Property Is Subject to Division?

Marital Assets

The subject of division is every marital asset — property acquired and or maintained during the marriage through the contributions of both spouses. As a general rule, premarital assets are excluded, though in exceptional cases even a premarital or non-marital asset can be drawn into the division (explained in the exclusions section below).

Whose name is on the title does not matter. A house registered solely under the Korean spouse’s name can still be subject to division — a common situation in Korea, where a foreign spouse often registers real property under his Korean spouse’s name. The same applies to savings accounts. Even assets such as stocks held in a third party’s trust account can be divided when the beneficiary divorces.

Pension and Severance Pay

Pensions and severance pay are also subject to property division. Where the benefit has not yet been paid out at the time of divorce, the court values it as of the divorce date — for example, by assessing what the spouse would receive if employment ended on that date. National pension entitlements built up during the marriage can likewise be divided.

Debts

Debts can be divided too, as long as they relate to the marriage — for example, a loan taken out to buy the family home or to cover shared living expenses. Such debts are deducted from the marital property based on their value on the divorce date. Purely personal debts unrelated to married life are generally not shared.

What Is Excluded from Property Division in Korea?

In principle, assets acquired before the marriage, and assets acquired during the marriage without any contribution from the other spouse (“non-marital” or “peculiar” property), are not divided. Typical examples in Korea include an inheritance, gifts from parents, and lottery winnings.

The Korean Supreme Court recognizes one important exception. If the value of a non-marital asset was preserved or increased by the active and substantial efforts of the other spouse, that spouse may receive a portion corresponding to their contribution.

The length of the marriage matters. Korean courts strongly tend to deny a non-marital property claim when the marriage was short. In one case, a wife married for only three years could not claim a share of real property the husband had inherited from his parents.

Equitable Distribution: How Shares Are Decided

Korea follows an equitable-distribution approach, not a 50/50 community-property rule. Unlike a community-property regime, where marital assets are split equally, in Korea each spouse receives an equitable share based on their contribution.

As a rough guide drawn from practice, when both spouses work and contributed comparably, the split is often around 50:50. Where one spouse worked and the other was a homemaker, courts commonly award the homemaker roughly 40–50% (often expressed as a 6:4 to 5:5 split), depending on the circumstances. These are general tendencies only — the actual ratio can move significantly in either direction, and in some cases the court allocates nearly all of the marital property to one spouse.

In setting the ratio, the court weighs a range of factors, including each spouse’s age, occupation, the duration of the marriage, the reasons for the divorce, and each party’s financial contribution to the property.

For a full-time homemaker, housework itself counts as a contribution. But where the marriage was short and the assets are very high in value, Korean courts tend to limit the homemaker’s share to a relatively low level.

The court may order a full or partial transfer of the marital assets according to the equitable shares, or order one party to pay money in place of transferring ownership.

When Can I File for Property Division in Korea?

Under Article 839-2(3) of the Korean Civil Act, the right to claim property division is extinguished two years after the date of divorce. Filing after this deadline is generally barred, so timing is critical.

Property division is not granted in the case of an annulment or marriage cancellation. It is, however, available when a common-law (de facto) marriage is dissolved.

How to Secure and Collect Your Property Division

A right to property division granted by a Korean court is, in essence, a monetary claim. This means the ordinary debt-collection process can be used if the other spouse does not honor the judgment.

Read more: Korean Lawyer Explains Debt Collection in South Korea – Overview

It is good practice to place a preliminary attachment on the marital assets before filing a property division lawsuit, so the other spouse cannot dispose of them while the case is pending.

Property Division and Korean Taxes

A property division involves a transfer of ownership. However, Korean tax law does not treat a property division as a taxable transfer, a gift, or income, so there is no capital-gains, gift, or income tax liability on the division itself. Note that a spouse who receives a transfer of real property must still pay acquisition tax on it.

Can a Prenuptial Agreement Protect My Assets?

Some spouses consider a prenuptial agreement to protect their premarital assets. Under Korean law, however, the enforceability of such agreements is limited, so they do not offer the same certainty as in many other countries.

Read further: Prenuptial Agreement under Korean Law

Frequently Asked Questions

Does Korean law always apply to my divorce in Korea?

Not always. A Korean court first decides which country’s law governs your divorce. Under Korea’s Act on Private International Law, it applies the law of the spouses’ common nationality, then their common habitual residence, then the most closely connected country — except that Korean law applies when one spouse is a Korean national habitually residing in Korea. If a foreign law governs, your property is divided under that law, which may differ significantly from Korea’s equitable-distribution rule.

Is property split 50/50 in a Korean divorce?

No. Korea does not use a 50/50 community-property rule. Courts apply equitable distribution, giving each spouse a share based on their contribution. A roughly equal split is common where both spouses worked and contributed comparably, but the ratio varies case by case.

Can a cheating spouse still claim property division?

Yes. Fault in causing the divorce does not remove the right to property division. Even a spouse who committed adultery can claim a share of the marital assets, because the division settles jointly built property rather than punishing fault.

Are inherited assets divided in a Korean divorce?

Generally no. Inheritances and gifts are treated as non-marital property and are excluded. The exception is where the other spouse actively and substantially helped preserve or increase that asset — then a contribution-based share may be awarded.

What is the deadline to file for property division in Korea?

Two years from the date of divorce. After that, the right to claim property division is extinguished under Article 839-2(3) of the Korean Civil Act.

Does a homemaker get a share of the property?

Yes. Housework and homemaking count as a contribution to building the marital property, so a full-time homemaker is entitled to a share. The size of that share depends on factors such as the length of the marriage and the value of the assets.

Talk to a Korean Divorce Lawyer

If you have questions about property division in Korea, our English-speaking Korean divorce lawyers can help you assess your situation and protect your interests. We assist both residents and foreign clients abroad.

Because of the general nature of this article, the information provided here may not reflect the most current legal developments, may not apply to every situation, and should not be acted upon without specific legal advice based on your particular circumstances.