South KoreaHow is property divided upon divorce?
In South Korea, marital property is generally divided equally upon divorce, unless there is a valid prenuptial agreement or special circumstances justify an unequal split.
What the Law Says
South Korean law presumes that property acquired during marriage is jointly owned and subject to equitable division upon divorce.
Under the Civil Act of South Korea, property acquired by either spouse during the marriage is considered 'marital property' and is subject to division upon divorce. The law presumes equal contribution to the marital estate, so the default rule is a 50/50 division.
However, courts may deviate from equal division if there are 'special circumstances' — such as significant disparity in contributions (financial or non-financial), misconduct affecting the marital estate, or one spouse’s wasteful dissipation of assets.
A valid prenuptial agreement can override the default rule — but it must be in writing and executed before marriage. Oral agreements are unenforceable.
The right to claim property division expires two years after divorce is finalized, unless the other spouse concealed assets — in which case the limitation period begins when the concealment is discovered.
Statutory TextWhen a marriage is dissolved, the property acquired by the spouses during the marriage shall be divided equitably between them.
— Civil Act, Art. 839-2 — Division of Marital Property
Statutory TextThe claim for division of marital property shall be extinguished by prescription after two years have elapsed from the day on which the marriage is dissolved.
— Civil Act, Art. 839-2(4) — Limitation Period
What to Do
Gather documentation of all assets and debts acquired during the marriage (bank statements, real estate titles, business records, etc.)
Determine whether a valid prenuptial or postnuptial agreement exists — if so, review its terms and enforceability
File a claim for property division within 2 years of divorce finalization — or within 2 years of discovering concealed assets
If negotiation fails, petition the family court for adjudication; provide evidence of contributions, asset concealment, or special circumstances
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.