South Korea

Is severance pay subject to property division upon divorce?

Civil Act Art.
Governing statute
50% default spl
Standard division
Marriage period
Key time frame
Severance pay
Divisible asset
The Short Answer

Yes, severance pay earned during marriage is generally subject to property division upon divorce in South Korea, as it is considered marital property under the Civil Act.

What the Law Says

South Korean law treats severance pay earned during the marriage as part of the couple’s joint marital property, making it subject to division upon divorce.

Under the Civil Act, property acquired by either spouse during the marriage — including wages, bonuses, and severance pay — is presumed to be jointly owned unless proven otherwise.

The law does not exclude severance pay from this rule, even if it is paid after divorce, as long as the employment and accrual occurred during the marriage.

Courts may adjust the standard 50:50 division based on factors like contribution to household, duration of marriage, and economic circumstances — but the starting point is equal division.

Statutory Text

Property acquired by a husband and wife during the period of their marriage shall be jointly owned by them.

— Civil Act, Art. 839-2 — Marital Property
Statutory Text

When a marriage is dissolved, each spouse has the right to claim division of the marital property.

— Civil Act, Art. 839-2 — Marital Property

What to Do

1

Gather employment records showing the start and end dates of employment and severance accrual period.

2

Calculate the portion of severance pay attributable to the marriage period (pro-rata if employment spanned pre- and post-marriage periods).

3

File a petition for property division with the family court within two years of divorce finalization.

4

Submit evidence of contributions (e.g., childcare, homemaking, financial support) if seeking an unequal division.

5

Consult a licensed Korean attorney to assess eligibility for adjustment beyond the default 50% split.

Sources

statuteCivil Act, Art. 839-2 — Marital Property

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Not 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.