Can You Split Pension in Divorce in South Korea? Guide | Atlas Legal

1. Can I Split My Spouse’s National Pension in Divorce?

Core Answer

Yes, you can. South Korea’s National Pension Act introduced the split pension system in 1998, enabling divorced spouses to receive retirement income based on their former spouse’s old-age pension rights. Even without specific provisions in property division lawsuits regarding national pension, split pension amounts are paid according to the law.

Legislative Purpose of Split Pension System

Property division is a crucial system for liquidating and distributing assets built cooperatively by couples during marriage. However, in the past, spouses unable to enroll in national pension often faced difficulties in retirement due to lack of pension division provisions.

Therefore, South Korea’s National Pension Act established a system allowing divorced spouses to receive liquidation and distribution for their contribution to pension formation regarding old-age pension rights acquired during marriage. This particularly enables spouses who couldn’t enroll in national pension, such as full-time homemakers or women with career gaps, to secure retirement income based on their former spouse’s pension rights.

Direct Claims to National Pension Service

The greatest advantage of the split pension system is direct claims to National Pension Service. While typical property division requires claiming money from the former spouse after divorce judgment, split pension can be received directly from National Pension Service when legal requirements are met.

This has significant practical implications. It minimizes post-divorce contact with former spouses and ensures stable pension receipt regardless of the former spouse’s financial status or payment willingness. Atlas Legal has extensive experience helping numerous clients in South Korea secure retirement income through this split pension system.

2. What is the Split Pension System in South Korea?

Core Answer

The split pension system, stipulated in Article 64 of South Korea’s National Pension Act, allows divorced spouses to claim and receive pension directly from National Pension Service based on old-age pension rights formed during marriage. This is a legal right that applies even without specific property division determinations.

Article 64 of National Pension Act

Article 64 of South Korea’s National Pension Act stipulates split pension as follows: When a former spouse is an old-age pension beneficiary and the marriage duration during their national pension enrollment period is 5 years or more, the divorced spouse can claim split pension from National Pension Service.

Split pension is calculated by equally dividing the pension amount corresponding to the marriage period. Specifically, half of the portion formed during marriage is received from the spouse’s old-age pension.

Relationship with Property Division

Split pension is separate from property division under South Korea’s Civil Act. It’s automatically paid according to the split pension system even without specific determinations about national pension in property division lawsuits. However, if there are separate determinations regarding pension division in property division lawsuits, payment follows that split ratio.

This has important practical implications. Even without filing property division lawsuits or addressing pension in property division, split pension can be received when requirements are met. Atlas Legal strategically utilizes both property division lawsuits and split pension claims to maximize client rights in South Korea.

3. What are the Requirements for Split Pension Claims?

Core Answer

Three requirements must be met to receive split pension in South Korea: First, marriage duration during spouse’s national pension enrollment must be 5 years or more. Second, the former spouse must be an old-age pension beneficiary. Third, you must also reach pension eligibility age.

Requirement 1: Marriage Duration of 5+ Years

Marriage duration during the spouse’s national pension enrollment period must be 5 years or more. Note that this refers to “marriage duration during national pension enrollment period,” not total marriage duration. The marriage duration while the spouse was enrolled in national pension must be 5 years or more.

For example, if total marriage duration is 15 years but spouse’s pension enrollment period is only 4 years, split pension cannot be claimed. Conversely, if marriage duration is 10 years and spouse’s pension enrollment during that period is 7 years, the requirement is met.

Requirement 2: Spouse Must Be Old-Age Pension Beneficiary

The former spouse must be an old-age pension beneficiary in South Korea. Old-age pension beneficiaries are those with 10+ years of national pension enrollment who have reached pension eligibility age. As of 2025, pension eligibility age varies by birth year in South Korea.

Requirement 3: You Must Also Reach Pension Eligibility Age

You must also reach pension eligibility age in South Korea. Note that just because your spouse reached eligibility age doesn’t mean you can immediately receive split pension – you must also reach eligibility age.

However, considering this time gap, South Korea’s National Pension Act provides an advance claim system, which will be explained in detail in the next section.

4. What is the Statute of Limitations for Split Pension Claims?

Core Answer

Split pension claims in South Korea expire if not filed within 5 years from when entitlement occurs. The starting point is when you reach pension eligibility age. Therefore, you should claim split pension as soon as possible after reaching eligibility age following divorce.

Starting Point of Statute of Limitations

The statute of limitations for split pension claims begins when entitlement occurs – when you reach pension eligibility age. Note that it’s not from the divorce date or when your spouse starts receiving old-age pension.

For example, if you divorced in 2020, your spouse started receiving pension in 2022, and you reach eligibility age in 2025, the statute of limitations runs from 2025 until 2030.

Practical Implications

While the 5-year statute of limitations is relatively long, it’s advisable to claim as early as possible in practice. As time passes, obtaining supporting documents becomes more difficult, and contact with former spouses may become harder.

Particularly since split pension is paid from the month following the claim, delayed claims mean less pension received. Atlas Legal guides clients on optimal split pension claim timing during divorce consultations to ensure rights aren’t lost in South Korea.

5. What is the Advance Claim System?

Core Answer

Advance split pension claims in South Korea allow prospective beneficiaries to apply before eligibility requirements are met. Considering time gaps between divorce, spouse’s pension entitlement, and your eligibility age, this system was established. Advance claims must be filed within 3 years from the divorce effective date.

Need for Advance Claim System

Split pension requires both spouse being an old-age pension beneficiary and you reaching eligibility age. However, there can be significant time gaps between divorce and meeting these requirements in South Korea.

For example, divorcing in your 40s means over 20 years until reaching eligibility age. Such long periods make it difficult to secure documents proving divorce or marriage duration, and contact with former spouses may be lost.

Effects of Advance Claims

Filing advance split pension claims notifies National Pension Service in South Korea of your claim intention in advance. When actual entitlement occurs after advance claiming, National Pension Service provides guidance, preventing rights loss due to statute of limitations.

Additionally, submitting marriage certificates and divorce documents at advance claim time reduces documentation burden when making actual claims later. Atlas Legal guides clients on advance split pension claims immediately after divorce finalization to ensure secure rights preservation in South Korea.

Advance Claim Period

Advance split pension claims in South Korea must be filed within 3 years from the divorce effective date. For consensual divorce, it’s from the divorce registration acceptance date; for judicial divorce, from the judgment finalization date.

While 3 years provides reasonable time, it’s advisable to file advance claims as early as possible in practice. Immediately after divorce, related documents are easier to obtain and former spouse information is accurately known.

6. How is Split Pension Amount Calculated?

Core Answer

Split pension in South Korea is divided equally in proportion to marriage duration. Specifically, it’s half of the amount calculated by multiplying spouse’s old-age pension by “marriage years ÷ total pension enrollment years.” Without specific split ratios determined in property division lawsuits, the legal default of 50% applies.

Calculation Formula

The split pension calculation formula is as follows:

Detailed Calculation Example

Let me explain with a specific example for clarity.

Case: Assume divorced spouse enrolled in national pension for 20 years, receiving 1.5 million KRW monthly in old-age pension, with 8 years overlapping marriage period.

Split Pension Amount Adjustments

Split pension amounts are linked to spouse’s old-age pension amounts in South Korea. Since old-age pension is adjusted annually reflecting inflation rates, split pension amounts are also adjusted accordingly. Therefore, once-determined amounts aren’t fixed for life but maintain real value following inflation.

Atlas Legal calculates expected split pension amounts during divorce consultations, enabling clients to plan retirement in South Korea.

7. Can the Split Ratio Be Different from 50%?

Core Answer

Yes, it can. When there are separate determinations regarding pension division in property division lawsuits in South Korea, reporting that split ratio to National Pension Service results in payment accordingly. Article 64-2 of the National Pension Act explicitly stipulates this. However, without separate determinations, the legal default of 50% applies.

Article 64-2 of National Pension Act

Article 64-2 of South Korea’s National Pension Act stipulates split ratio determinations. When courts determine different split ratios for pension division in property division judgments, parties can report this to National Pension Service. Upon receipt, National Pension Service pays split pension according to court-determined ratios.

Cases with Different Split Ratios

Different split ratios are determined in practice in South Korea as follows:

First, when one spouse commits wrongful acts during marriage. For example, courts may determine unfavorable split ratios for spouses whose infidelity led to divorce.

Second, when contributions to asset formation during marriage significantly differ. For instance, when one party possessed substantial assets before marriage or formed assets through special efforts during marriage.

Third, when considering post-divorce economic situations to reflect support elements. Favorable split ratios may be determined for elderly or ill spouses facing economic activity difficulties.

Reporting Procedures

When pension split ratios are separately determined in property division judgments in South Korea, parties must report to National Pension Service with judgment copies. Reporting is possible after judgment finalization, with changed split ratios applying from the reporting date.

Atlas Legal comprehensively considers client situations when conducting property division lawsuits in South Korea, arguing for appropriate pension split ratios and supporting National Pension Service reporting after successful outcomes.

8. How Do I Divide Retirement Pension?

Core Answer

Retirement pension division in South Korea varies by spouse occupation. For public servants, military personnel, and private school teachers, systems exist for direct split pension claims to respective agencies similar to national pension. However, for private company employees, direct claims to pension managers aren’t possible; rights can only be exercised through property division lawsuits under Article 839-2 of the Civil Act.

Public Servants, Military Personnel, Private School Teachers

South Korea’s Public Officials Pension Act, Military Personnel Pension Act, and Private School Teachers Pension Act have established systems allowing divorced spouses to directly claim split pension from respective agencies, similar to National Pension Act.

Each law stipulates requirements regarding marriage duration and eligibility age; when requirements are met, direct claims can be made to Public Officials Pension Service, Ministry of National Defense (military pension), or Private School Teachers Pension Service. Equal division proportional to marriage duration is the principle, as with national pension.

Private Company Employees

Unlike public servant pensions, military pensions, and private school teacher pensions, divorced spouses of private company employees in South Korea lack legal split claim rights to pension managers (financial companies).

Therefore, rights can only be exercised through property division lawsuits under Article 839-2 of the Civil Act. Specifically, after obtaining property division judgments, money is claimed from former spouses. Portions of retirement pension amounts received by spouses are obtained through property division.

Problems with Private Company Retirement Pension Division

Practical difficulties exist with private company retirement pensions in South Korea due to lack of direct claim rights. If spouses use retirement pension for other purposes or conceal it after receipt, actually receiving property division amounts may be difficult.

To prevent such problems, it’s necessary to request measures like specifying immediate payment upon retirement pension receipt in property division judgments or ordering collateral provision. Atlas Legal develops strategies ensuring effective rights protection considering these practical issues in South Korea.

9. Can I Divide Retirement Pension Before Spouse Retires?

Core Answer

Yes, you can. Supreme Court Decision 2013Meu2250 (July 16, 2014) ruled that even if spouses are still employed and haven’t actually received retirement benefits at divorce, retirement benefit claims that already exist potentially at the time of final arguments in divorce proceedings and whose economic value can be realistically assessed can be included in property division.

Significance of Supreme Court Decision 2013Meu2250

Previously, some views held that retirement benefits couldn’t be property division subjects if spouses were employed at divorce and hadn’t actually received them. However, South Korea’s Supreme Court clarified this through its 2014 ruling.

The ruling essence: “Even if one party is still employed at divorce and hasn’t actually received retirement benefits, retirement benefit claims that already exist potentially at the time of final arguments in divorce proceedings and whose economic value can be realistically assessed can be included in property division subjects.”

Reference Point

According to Supreme Court precedent in South Korea, retirement benefit claims subject to property division are amounts expected if retiring at the time of final arguments in divorce proceedings, based on that point.

For example, if spouse has worked 20 years at final arguments and would receive 100 million KRW in retirement benefits if retiring then, portions of that 100 million KRW corresponding to marriage duration can be property division subjects.

Practical Issues

When making retirement benefit claims property division subjects in South Korea, the following practical issues exist:

First, how to calculate expected retirement benefit amounts. Calculations are based on average wages and years of service at final argument time, but company retirement benefit regulations must be verified.

Second, whether to deduct interim interest when considerable time remains until actual retirement. South Korea’s Supreme Court considers deducting interim interest appropriate for calculating present value of future retirement benefits.

Third, how to reflect risks of not receiving retirement benefits due to dismissal or death before retirement. This is judged considering specific circumstances of individual cases.

Atlas Legal accurately analyzes these complex legal and accounting issues in South Korea, supporting clients to receive fair property division. If you need divorce property division consultation in Songdo, Incheon, please contact us anytime.

10. FAQ

Atlas Legal provides legal services in inheritance, property division, and civil disputes in Songdo, Incheon, South Korea. Dividing spouse’s national pension and retirement pension in divorce is crucial for retirement. We have professional expertise and litigation experience regarding complex legal issues including the split pension system under Article 64 of the National Pension Act and retirement benefit claim property division under Supreme Court Decision 2013Meu2250. If you need professional legal services regarding split pension claims, property division lawsuits, or pension split ratio calculations in South Korea, please contact us for consultation anytime.

※ Cases introduced in this article are based on actual consultations but details have been adapted for better understanding while protecting client confidentiality.