What is the typical property division ratio?

What the Law Says

Japanese law does not prescribe a mandatory numerical ratio for property division upon divorce. Instead, it requires courts to divide 'marital assets' fairly, considering all relevant circumstances.

Under Article 768 of the Japanese Civil Code, when a marriage ends, either spouse may request the division of 'property acquired by the cooperation of both spouses during the marriage.' This includes savings, real estate, pensions, and other assets accumulated while married.

The law states that division must be 'equitable' — not necessarily equal — but in practice, courts begin from a presumption of 50:50 and deviate only when justified by factors such as unequal financial contribution, caregiving roles, health, age, or future earning capacity.

The right to request division must be exercised within two years after divorce; otherwise, it is extinguished by limitation.

Statutory Text

Property acquired by the cooperation of both spouses during the marriage shall be divided equitably between the spouses upon divorce.

— Civil Code, s. 768 — Division of Marital Property

What to Do

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