Korea Divorce Property Division Calculator

Estimate Korean divorce property division, contribution share, consolation money, child support, retirement pension split, and acquisition tax using the Korean legal model.

Marriage and contribution

Divorce type

Income pattern

Assets and debts

Consolation, support, and pension

Consolation claim

Child custodian

My property share

₩305,000,000

50% contribution share.

Spouse property share

₩305,000,000

Estimated net amount

₩312,500,000

Share plus average consolation and pension, less acquisition tax.

Monthly child-support burden

₩825,563

Uses the 2021 Seoul Family Court table.

Property division basis

Joint property included
₩710,000,000
Separate property excluded
₩70,000,000
Joint debt deducted
₩100,000,000
Net divisible property
₩610,000,000
Claim deadline
2 years from divorce

Consolation and child support

Consolation range
₩0 - ₩0
Average consolation estimate
₩0
Guideline support total
₩1,887,000
My support burden
₩825,563
Spouse support burden
₩0

Retirement and pension split

Retirement amount claimable by me
₩22,500,000
Retirement amount claimable by spouse
₩11,250,000
Net retirement effect
₩11,250,000
National Pension monthly split
₩250,000

Tax and totals

Acquisition tax on real-estate division
₩3,750,000
Acquisition tax rate
1.5%
Estimated receive
₩316,250,000
Estimated pay
₩3,750,000
Net estimate
₩312,500,000

Related calculators

What Is the Korea Divorce Property Division Calculator?

This calculator estimates how marital property may be divided in a Korean divorce. It separates joint property and separate property, deducts joint debt, applies a contribution ratio, and also estimates consolation money, child support, retirement benefit division, National Pension split, and acquisition tax on real-estate transfer.

The calculation follows the Korean page and uses 2026 references to the Civil Act, Family Litigation Act, the Seoul Family Court child support table revised in 2021, the 2024 local tax treatment for property division, and the 2025 National Pension amendment extending the divided pension claim period from 3 years to 5 years.

Who Uses This Calculator?

  • Spouses preparing divorce by consent, mediation, or litigation in Korea.
  • People checking the approximate divisible estate before a lawyer consultation.
  • Parents who need to estimate child support together with property division.
  • Spouses comparing retirement benefit, National Pension, and acquisition tax effects.
  • Lawyers and counselors explaining how contribution, debt, and separate property affect division.

Core Principles of Property Division

Joint Property and Separate Property

Property division focuses on assets formed through the spouses' joint effort during marriage. The registered owner does not control the answer; what matters is whether the asset was actually formed, maintained, or increased by marital cooperation.

  • Joint property: real estate, deposits, securities, vehicles, retirement benefits, and similar assets acquired during marriage.
  • Separate property: assets owned before marriage, inherited assets, and gifts received by one spouse.
  • Long marriage rule in the calculator: after 10 years, 30% of premarital or inherited property may be included if the other spouse contributed to maintenance or increase.

Contribution Ratio

Korean courts evaluate contribution broadly. Paid work, homemaking, child care, asset management, and support for the other spouse's career can all matter. A 50:50 outcome is common for dual-income or long marriages, but it is a starting point, not an automatic rule.

  • Dual-income spouses: usually near 50:50 in the calculator guide.
  • Short single-income marriage under 5 years: the earner's contribution may be higher.
  • Homemaker over 10 to 20 years: homemaking and child care may support a contribution ratio approaching 40% to 50% or more.
  • Long marriage over 20 years: courts often recognize homemaking contribution more actively.

Debt Treatment

Joint debt incurred for household living, housing, or common asset formation is deducted from the divisible estate. Personal debt from gambling, excessive consumption, or a separate business failure may require separate proof and may not be treated as joint debt.

  • Mortgage on a joint home: generally deducted as joint debt.
  • Living-cost loans: can be joint debt if used for the household.
  • Pure personal debt: must be reviewed separately with evidence.

Consolation Money

Consolation money compensates emotional distress caused by the at-fault spouse. It is legally separate from property division and is based on Civil Act provisions concerning divorce and tort liability. Both claims can be handled together in divorce litigation.

Ranges Used by the Calculator

  • Infidelity: KRW 15,000,000 to KRW 50,000,000, average KRW 30,000,000.
  • Domestic violence: KRW 20,000,000 to KRW 100,000,000, average KRW 50,000,000.
  • Malicious abandonment: KRW 10,000,000 to KRW 30,000,000.
  • Other fault: KRW 10,000,000 to KRW 30,000,000.

Courts consider marriage period, child status, seriousness of the fault, evidence, and each spouse's economic situation. A consolation claim generally has a 3-year limitation period from awareness of damage and the tortfeasor.

Child Support Estimate

Seoul Family Court Guideline Table

The calculator uses the Seoul Family Court child support table revised and announced in December 2021 and effective from March 1, 2022. The table estimates standard monthly support by combined parent income and child age.

Non-custodial parent support = standard support x non-custodial parent income / combined parent income

  • Older children usually have higher education and living cost assumptions.
  • Special medical, education, or care costs may require separate adjustment.
  • Even a parent with little income can have a minimum support obligation depending on the case.

Retirement Benefits and Pension Division

Retirement Benefits

Even if a spouse has not yet received retirement benefits, a potential retirement benefit claim can be divided if it was formed during marriage. The calculator applies the marriage-period ratio and contribution ratio.

Divisible retirement benefit = expected retirement benefit x marriage service years / total service years x contribution ratio

National Pension Divided Pension

When the marriage lasted at least 5 years and the former spouse becomes entitled to old-age pension, a divided pension claim may be available. The Korean source notes the 2025 amendment extending the claim period from 3 years to 5 years and allowing a separately determined split ratio, effective from January 1, 2026.

  • Basic split: one-half of the pension amount attributable to the marriage period, unless otherwise agreed or decided.
  • Eligibility: divorce, at least 5 years of marriage, former spouse's old-age pension entitlement, and applicant's receiving age.
  • Claim period: 5 years under the referenced 2025 amendment.

Tax Treatment

Taxes on Property Division

TaxProperty divisionConsolation transfer
Capital gains tax by transferorGenerally non-taxableTaxable
Gift tax by recipientGenerally non-taxableGenerally non-taxable
Acquisition tax by recipient1.5% special rate3.5%

Under the 2024 local tax treatment reflected in the Korean page, court divorce property division receives the same 1.5% special acquisition tax rate as divorce by consent. A disproportionate division used to avoid tax can still create gift-tax risk.

How to Use the Calculator

1. Enter Marriage and Contribution Facts

Select divorce type, income pattern, and marriage period. Use the automatic contribution guide or enter your own contribution ratio.

2. Enter Assets and Debts

Add real estate, financial assets, vehicles, premarital or inherited property, and joint debt.

3. Add Consolation, Child Support, and Pension Facts

Choose a fault reason if claiming consolation, add child ages and custody, and enter retirement and pension estimates.

4. Review Net Position

Check property share, estimated payables, tax, pension split, and the 2-year property division claim deadline.

FAQ

What is the deadline for a property division claim?

A property division claim must be brought within 2 years from divorce. This is a strict exclusion period, so it is important not to wait.

Is a house owned before marriage always excluded?

It is generally separate property, but long marriage, maintenance, mortgage repayment, remodeling, or contribution to increased value can make a portion divisible.

Can a homemaker receive property division?

Yes. Korean courts recognize homemaking, child care, and family support as contribution. Long marriages often lead to substantial recognition.

Are consolation money and property division the same?

No. Consolation money compensates fault-based emotional damage; property division liquidates marital property formed during marriage.

Can this result be used in court as-is?

It is an estimate. Actual court results depend on evidence, asset valuation, contribution proof, fault proof, and judicial discretion.

Legal References

  • Civil Act Article 839-2: property division claim after divorce.
  • Civil Act Article 843: applies property division rules to judicial divorce.
  • Family Litigation Act: family court jurisdiction and case procedures.
  • Local Tax Act treatment reflected by the Korean page: 1.5% acquisition tax special rate for real estate received through property division.
  • National Pension Act amendment referenced by the Korean page: divided pension claim period extended from 3 years to 5 years.