What is pension splitting upon divorce?

What the Law Says

Pension splitting in Japan is governed by amendments to the National Pension Act, which introduced a system allowing former spouses to receive a portion of the other’s pension contribution record after divorce.

The pension splitting system applies only to the Employees’ Pension Insurance (EPI) portion of the public pension system — not the basic National Pension (kokumin nenkin). It enables a divorced spouse to request allocation of up to 50% of the other spouse’s EPI contribution period during the marriage.

To qualify, the marriage must have lasted at least two years, and the claim must be filed within two years after the divorce becomes final. The system was introduced in 1986 and significantly expanded by the 2004 amendment to the National Pension Act.

Only marriages registered under Japanese law (or recognized as valid under Japanese private international law) are eligible. The split does not involve cash payment but adjusts the pension entitlement records of both parties for future benefit calculations.

Statutory Text

In the case of divorce, a person who was a dependent spouse may request division of the period of enrollment in the Employees’ Pension Insurance held by the other spouse during the marriage.

— National Pension Act, s. 73-2 — Division of Pension Enrollment Periods

Statutory Text

The division rate shall not exceed one-half of the applicable enrollment period during the marriage.

— National Pension Act, s. 73-2, para. 2

What to Do

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