Alimony is a familiar concept in many Western jurisdictions; however, in Korea, alimony, as known in the West, is not recognized under the Korean Civil Act. Instead, Korean family courts address financial fairness and support issues primarily through property division, compensation for mental distress (위자료), or in exceptional cases limited post-divorce spousal maintenance.
For additional articles on Korean Divorce and Family Law please see: IPG Legal’s Divorce Law Archive & IPG Legal’s Family & Divorce Law Team.
The Legal Framework for Spousal Support in Korea
Korean family law is governed mainly by the Korean Civil Act (민법) and the Family Litigation Act (가사소송법). While the Civil Act of Korea outlines grounds and procedures for divorce, it does not contain a statutory right to spousal maintenance. Instead, the relevant provisions of Korean divorce law focus on property division:
- Article 839-2 of the Korean Civil Act (Property Division):
After a divorce, whether by agreement or judgment, either spouse may claim a division of property. The court considers the contribution of each spouse to the acquisition of property, their living circumstances, and other factors. This right, in most cases, must be exercised within two years of the divorce decree. - Article 843 of the Korean Civil Act:
Extends the same property-division principles in Korea to judicial divorces (재판상 이혼).
Korean family courts recognize both financial and non-financial contributions to the asset; thus, for instance, homemaking, child-rearing, and supporting a spouse’s career are considered contributions to the asset.
Korean Courts typically award between 30% and 50% of the marital property to the spouse with the lower income or smaller contribution to direct asset accumulation. In longer marriages where one spouse was primarily a homemaker, the division often approaches 50/50. This property division is typically a one-time settlement, rather than an ongoing support obligation.
Limited Spousal Maintenance in Exceptional Cases in Korean Divorces
Although the Civil Act of Korea lacks a clear “spousal support” clause, Korean courts in divorce cases may, in limited cases, award temporary or transitional maintenance. Such awards are rare and typically arise when:
- One spouse is elderly, disabled, or seriously ill and, thus, cannot earn a living.
- The marriage was long-term, and the dependent spouse lacks the ability or skills to work.
- There are significant disparities in income and no reasonable means of self-support for the dependent spouse.
Korean courts may structure such maintenance as a short-term monthly payment or as part of the property-division award. However, this is rare, and the sum of money is normally modest.
At Fault Compensation in Korea (위자료)
In addition to property division, Korean courts may award compensation for emotional distress (위자료) when one spouse’s misconduct, such as adultery, abuse, or abandonment, caused the breakdown of the marriage.
This is not “alimony” but a damages claim. The amount is usually between KRW 20 million and 100 million, depending on the severity of the wrongdoing and the financial status of the parties.
Time Limits and Enforcement of Asset Divisions in Korea
- Two-year limitation:
A property-division or maintenance-related claim must be filed, typically, within two years of the divorce. Failure to file within that period bars recovery in all but the most exceptional of cases. - Enforcement:
Once a Korean Family Court issues a ruling, failure to comply can lead to compulsory execution, wage garnishment, or seizure of property. Cross-border enforcement depends on reciprocity agreements and choice-of-law principles.
Cross-Border & Foreign-Spouse Considerations
For international couples where one spouse is a foreign national or assets are located overseas, alimony and property-division issues become more complex.
Foreign clients should consider with the assistance of an experienced lawyer in Korea:
- Jurisdiction: Whether the Korean Family Court has jurisdiction, and what is the most advantageous jurisdiction for the divorce.
- Choice of Law: Which law governs Korean law or foreign matrimonial property law.
- Recognition and Enforcement: Whether a Korean judgment (especially one involving property abroad) will be recognized in another country.
IPG Legal frequently advises international clients on cross-border divorce strategy, including recognition of foreign decrees, division of overseas assets, structuring enforceable settlements, and litigating Korean Divorce, Korean Child Custody, and Child Abduction matters.
IPG Legal’s Family Law Experience
IPG Legal’s family and divorce team has represented foreign spouses, expatriates, children, elderly parents, and Korean nationals in some of Korea’s most complex family-law matters. Our attorneys regularly appear before the Seoul Family Court and other family courts in Korea. IPG Legal handles cross-border divorces, child abduction, child custody disputes, and property-division claims.