De Facto (Common-Law) Marriage Dissolution: Property Division & Consolation Money

De Facto (Common-Law) Marriage Dissolution: Property Division & Consolation Money helps estimate Korea-related child support, alimony, divorce property, pension division, and family dispute assumptions in English.

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Enter Korea-related court, traffic, debt, family, civil, medical-dispute, criminal, or real-estate dispute assumptions. Results are simplified planning estimates.

Gross family-law base

₩450,000,000

Adjusted share estimate

₩225,000,000

Offset or existing payment

₩0

Monthly planning amount

₩75,000,000

3 month review

A de facto (common-law) marriage in Korea is an unregistered marital relationship. On breakup you may claim unjust-dissolution consolation money (Civil Act Arts. 750/806, Supreme Court 98Meu961) and property division (Art. 839-2 applied by analogy, 2-year limit). Crucially, a de facto spouse is NOT a legal heir (Art. 1003), so if the partner dies the property-division claim is also lost. Korea-based 2026 rules; this is an estimate, not legal advice.

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What is the de facto (common-law) marriage dissolution calculator?

This calculator estimates the consolation money and property division a person may claim when an unregistered marital relationship — a de facto (common-law) marriage, called “사실혼” in Korea — breaks down, under current 2026 Korean Civil Act rules and Supreme Court precedent. Unlike a legal (registered) marriage, a de facto marriage has no divorce procedure. Instead, a separate body of law applies: damages for “unjust dissolution” and property division applied by analogy.

The tool diagnoses four issues unique to de facto marriage on one screen: ① whether the relationship qualifies as a de facto marriage, ② unjust-dissolution consolation money, ③ property division, and ④ the decisive inheritance risk if one partner dies.

Korea-based calculator

This estimate is based on the Korean Civil Act (Arts. 750, 751, 806, 839-2, 1003) and de facto marriage case law (Supreme Court 94Meu1379 and 98Meu961), current for 2026. It is not legal advice and not the actual award. Whether a de facto marriage is recognized, and the amount of consolation money and property division, depend heavily on the facts and the evidence, so consult a Korean family-law attorney.

What counts as a de facto marriage — the two requirements

A de facto marriage is different from mere cohabitation or dating. The Korean Supreme Court (94Meu1379, 1386, decided 10 March 1995) holds that both of the following must be present.

1. Subjective requirement — intent to marry

The couple must have joined together with an actual intent to marry. Holding a wedding ceremony, recognition as a couple by both families, and announcing the marriage to acquaintances (using spousal titles) all support marital intent.

  • • Wedding ceremony: a customary ritual publicly recognizing the union as a marriage
  • • Both families’ approval: both families accept the two as a married couple
  • • Public notice / spousal titles: announcing the marriage and referring to each other as spouses

2. Objective requirement — substance of married life

There must be a substance of shared married life recognizable under ordinary social norms. Actual cohabitation, the same registered household, shared living expenses, having children, and social recognition as a couple are the objective evidence.

  • • Actual cohabitation: living together in one residence
  • • Economic community: sharing living costs / jointly building assets
  • • Children: a child born to or conceived by the couple
  • • Social recognition: relatives and neighbors regard them as a married couple

💡 If either requirement is missing, the relationship is more likely to be treated as mere cohabitation. In particular, a “bigamous de facto marriage” (where one party still has a valid legal marriage) is, as a rule, not protected because the legal marriage takes priority.

Consolation money for unjust dissolution

A party who unilaterally ends a de facto marriage without a justifiable reason, or who causes its breakdown through misconduct such as an affair or violence, must compensate the other for emotional harm. The Supreme Court (98Meu961, decided 8 December 1998) held that for the unjust dissolution of a de facto marriage, the responsible party can be ordered to pay consolation money. This is grounded in Civil Act Article 750 (tort), Article 751, and Article 806 (damages for breaking an engagement, applied by analogy) — legally distinct from the at-fault-spouse consolation money in a registered divorce.

Factors that affect consolation money

  • • Fault for the breakup: other party’s misconduct (affair/violence) > other party’s unjustified unilateral breakup > mutual fault, in descending base amount
  • • Relationship length: the longer the shared life, the higher the award
  • • Minor children / pregnancy: having children, or being dumped during pregnancy or childbirth, increases the award
  • • Manner of breakdown: a malicious or humiliating breakup raises the amount

If you are the at-fault party, you cannot claim consolation money — the other side can. However, property division can be claimed regardless of fault, which is a major difference from consolation money.

Property division — Civil Act Article 839-2 by analogy

Once a de facto marriage is recognized, you can claim division of the property the two of you built up together during the relationship. The Supreme Court applies Civil Act Article 839-2 (property division on divorce) by analogy to the dissolution of a de facto marriage. Separate property — owned before the relationship or acquired by inheritance or gift — is, in principle, excluded.

Contribution rate is the key

The net divisible property (joint property minus joint debt) is multiplied by each party’s contribution rate. Homemaking and childcare — not only income — count as contributions to building the assets, and the contribution rate tends to equalize the longer the relationship lasts.

⏳ The property-division claim must be exercised within 2 years of the dissolution (Civil Act Article 839-2(3), by analogy). Miss the deadline and the right lapses, so act quickly after a breakup.

The decisive difference from legal marriage — inheritance and death

A de facto spouse is not a legal heir. Civil Act Article 1003 grants inheritance rights only to a legally registered spouse, so a de facto spouse inherits nothing when the partner dies. Furthermore, case law holds that when a de facto marriage ends because of one party’s death, no property-division claim is available either.

In other words, if you delay after a breakup and the partner dies, you may receive neither consolation money nor a property share — the worst outcome. Claim property division and consolation money while the partner is alive, and prepare in advance with a will, a gift effective on death (사인증여), a life insurance beneficiary designation, or a National Pension divided pension.

De facto vs legal marriage at a glance

  • • Property division: both possible (de facto requires recognition first)
  • • Consolation money: both possible (de facto is based on “unjust dissolution”)
  • • Inheritance rights: legal marriage only; de facto has none
  • • Pension division: the National Pension divided pension can also apply to a de facto spouse if the requirements are met
  • • Tax benefits / support: largely limited to legal marriage

How to use

Step 1: Check the establishment requirements

Tick the subjective and objective factors that apply (wedding, cohabitation, children, and so on) and enter the relationship length. The calculator combines both requirements into a probability score and grade.

Step 2: Select fault and circumstances

Choose who is responsible for the breakdown, whether there are minor children or a pregnancy, and how serious the breakup was. The base amount and multiplier for consolation money update automatically.

Step 3: Enter joint property and contribution

Enter the property you built together and the joint debt, then choose an automatic contribution rate (by income/role) or set it yourself. Your expected share of the net divisible property is calculated.

Step 4: Review the result and risks

Check the estimated total claim (consolation money plus property division), plus the inheritance/death risk and the 2-year deadline warning. Use the result to prepare for a consultation with a specialist.

Evidence that proves a de facto marriage

A de facto marriage is not a registered legal status, so if it is disputed you must prove the relationship itself. Keeping the following materials in advance helps.

  • • Wedding photos/videos, invitations, venue and honeymoon payment records
  • • Same registered household or cohabitant registration on the resident registration
  • • Joint-name accounts / real estate, living-expense transfer records
  • • Children’s family relation certificate / birth-related documents
  • • Written confirmations from families and acquaintances, and circumstances showing recognition as a couple (social media, messages)

Frequently asked questions (FAQ)

Q. We only cohabited for a long time — is that a de facto marriage?

A. Cohabitation alone is not enough. Both the intent to marry (subjective) and the substance of married life (objective) must be present for a de facto marriage to be established (Supreme Court 94Meu1379).

Q. We never registered the marriage — can I still claim property division?

A. Yes. If a de facto marriage is recognized, the divorce property-division rule (Civil Act Article 839-2) applies by analogy. But you must act within 2 years of the dissolution, and separate property is excluded.

Q. If my de facto spouse dies, can I receive any property?

A. A de facto spouse is not an heir and inherits nothing (Civil Act Article 1003). When the marriage ends by death, no property-division claim is available either, so you must claim while the partner is alive or prepare with a will, a gift on death, or insurance.

Q. How much is typical de facto consolation money?

A. It varies greatly with fault, relationship length, children, and the manner of breakdown. This calculator shows an estimated range based on case-law practice; the actual amount depends on the specific facts and the strength of the evidence.

Q. Can I also receive a divided National Pension?

A. The National Pension divided pension can apply to a de facto spouse, not only a legal spouse, if the requirements are met. Because you must separately prove the de facto relationship and its duration, ask the National Pension Service.

Cautions and tips

  • Do not miss the 2-year deadline: the property-division claim lapses 2 years after dissolution. Organize your evidence and act promptly after a breakup.
  • Claim before death: if the partner dies, both inheritance rights and the property-division claim disappear. If the relationship is beyond repair, do not delay.
  • Evidence is your right: because you must prove the de facto marriage itself, secure records of the wedding, cohabitation, and shared finances.
  • Bigamous de facto marriage is limited: if one party has a legal spouse, protection is generally unavailable.
  • The result is a reference: actual consolation money and property division are set by the court on the specific facts, so professional advice is essential.

Check your de facto marriage rights now

Diagnose establishment, consolation money, property division, and inheritance risk in one place.

An estimate reflecting the 2026 Korean Civil Act and Supreme Court precedent to help you prepare for a specialist consultation.