When you should get advice
- We've been married over 30 years, and all our assets are in my spouse's name
- My spouse is already receiving a retirement pension
- I want to know whether I can receive part of the National Pension if we divorce
- We've lived apart for several years, and I don't know if that counts as part of the marriage period
- Our one home is all we have, and I have no idea where I'll live after the divorce
Relevant provisions
National Pension Act (국민연금법) Article 64 (Persons entitled to a split pension)
A person who was married for 5 years or more during the former spouse's coverage period (excluding periods with no real marital relationship due to separation, leaving home, etc.), who is divorced, whose former spouse is entitled to an old-age pension, and who has reached the pension age, receives a split pension equal to an equal share of the pension amount for the marriage period. It must be claimed within 5 years of meeting all the requirements.
National Pension Act Articles 64-2 and 64-3
If the division of the pension was separately set through a property division agreement or a court decision, that is followed. If you divorced before reaching the pension age, you can file an advance claim for the split pension within 3 years of the divorce.
Public Officials Pension Act (공무원연금법) Article 45 (Persons entitled to a split pension)
A person who was married for 5 years or more during the former spouse's period of service, who is divorced, whose former spouse is entitled to a retirement pension, and who has reached age 65, receives a split pension. It must be claimed within 3 years of meeting the requirements.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Age at which a split National Pension begins
Born 1953–1956
- Starting age
- 61
Born 1957–1960
- Starting age
- 62
Born 1961–1964
- Starting age
- 63
Born 1965–1968
- Starting age
- 64
| Year of birth | Starting age |
|---|---|
| Born 1953–1956 | 61 |
| Born 1957–1960 | 62 |
| Born 1961–1964 | 63 |
| Born 1965–1968 | 64 |
| Born 1969 or later | 65 |
Based on the supplementary provisions of the National Pension Act and the National Pension Service's guidance on split pensions (checked October 2026). It is paid only if the former spouse also qualifies for an old-age pension.
The ratio is not set by the length of the marriage alone
Assets are not automatically split in half just because you were married a long time. Along with the length of the marriage, the court looks at how the assets were built and what each spouse did through housework, child-rearing, working and managing assets. If you ran the household for decades so that your spouse could work, that contribution is clearly recognized in property division (재산분할).
In a gray divorce (황혼이혼), the ability to support yourself after the divorce is also considered. Show with material your age and health, whether you can work again, and whether you have income other than a pension.
Severance pay and pensions already being paid
Even if your spouse is still employed, the amount of retirement benefits they would expect to receive if they retired at the close of the final hearing on the facts in the divorce lawsuit is subject to division (Supreme Court en banc decision of July 16, 2014, 2013므2250).
If your spouse is already receiving a civil service retirement pension, that pension entitlement can also be subject to property division, and it can be divided by having a set percentage of the monthly pension paid periodically (Supreme Court en banc decision of July 16, 2014, 2012므2888).
The National Pension is claimed separately from the National Pension Service
Once you meet the requirements after the divorce, you claim the split National Pension (분할연금) yourself from the National Pension Service. Periods with no real marital relationship due to separation or leaving home are excluded from the marriage period, so if you lived apart for a long time, there may be a dispute over that period.
To set a division ratio different from the equal split set by law, the settlement agreement or mediation record must use clear terms such as National Pension, old-age pension and split pension for the National Pension Service to process it at that ratio. If there is only general wording, it may not be treated as having set a separate ratio.
If one home is everything you have
If the only asset is one home, you need to decide whether to sell it and split the proceeds, or have one spouse keep it and pay the other in cash. Your retirement plans take shape only once you weigh the remaining loan and where you will live after the divorce.
If assets have been moved into the name of an adult child, you need to check who the real owner is. If only the child's name was borrowed, the assets can be included in the division.
How Jisan Law's Family Law Center proceeds
- 1
Listing retirement assets
The managing partner consults with you personally and puts the home, deposits, insurance, severance pay and all pensions on one page.
- 2
Checking pensions
We check the National Pension coverage period and the marriage period, and whether a civil service or private school pension is involved, and decide how to divide them.
- 3
Designing the division method
We choose, among cash settlement, division in kind and periodic pension payments, the method that suits your retirement.
- 4
Refining the wording of the record
We check the wording so that the pension division in the mediation or judgment can be used as is in the National Pension Service's procedure.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
My spouse isn't receiving a pension yet. If we divorce now, can I still receive a share later?
Yes. Payment starts once your spouse becomes entitled to an old-age pension and you also reach the pension age. If you divorced before reaching the pension age, you can also file an advance claim within 3 years of the divorce.
If I remarry someone else while receiving a split pension, will it stop?
A split pension is set to be paid for as long as the recipient is alive, so it does not stop because you remarry someone else. If you remarry the same person, you can apply to give up the split pension and have the original pension restored.
My husband was a public official. Can I receive a share like with the National Pension?
The civil service pension also has a split pension system. You can receive it if the marriage lasted 5 years or more during his period of service and you have reached age 65, and you must claim it from the Government Employees Pension Service within 3 years of meeting the requirements.