Hello. This is attorney Shin Jun-seon from Cheongchul Law Firm.
The point that full-time housewives are most anxious about during consultations is often expressed as, "I have only been doing housework since marriage, and all the assets are in my husband's name; will I be able to receive a fair distribution of assets if we divorce?"
To put it simply, it is not possible to be denied asset distribution solely because one is a full-time housewife. In fact, it does not necessarily work against you either. Recently, court practice is moving in the direction of actively recognizing the contributions of full-time housewives. In this article, we will examine the criteria for recognizing the contributions of full-time housewives in asset distribution, trends in recent case law, and practical considerations.
[Question] Can full-time housewives receive asset distribution?
[Answer]
1. The meaning of 'contribution' as seen by the courts
Civil Code Article 839-2, Paragraph 2 stipulates that "property acquired through the cooperation of both parties" is subject to division. Here, 'cooperation' includes not only economic contributions but also non-economic contributions such as housework, childcare, and supporting the family. What is important is not "who earned the money" but "how each spouse contributed to the property formed during the marriage period".
2. Recent court practice standards: The general principle is equal division (50:50)
(1) Basis for the principle of equal division
Recent lower court practices suggest that when one spouse dedicates themselves fully to housework, it is based on the premise that they have given up their income activities to support the other spouse's income activities and share in the outcomes; thus, the principle remains equal division (1/2), and it is not necessary to assess the objective and economic value of housework itself. In practice, if the marriage period exceeds 10 or 20 years, there tends to be many cases where the non-working spouse receives 50% of the assets.
(2) Specific judgment criteria of the courts
The courts consider several factors: ▲the length of the marriage ▲the existence and burden of children ▲whether housework was the sole responsibility ▲the extent to which one spouse enabled the other's income activities ▲the timing and circumstances of property formation.
3. Actual cases where a 50% split was recognized
(1) 11-year marriage, raising one child (Seoul Southern District Court, verdict October 11, 2024, case number 2023Gadan282914)
This ruling concerns a couple who maintained an 11-year marriage and had one child. It states, "Even if there was no separate income for the defendant during the marriage period or if the real estate was acquired solely in the husband’s name and loan agreements for the acquisition funds were made, the contributions of the defendant to the husband’s income and the formation of these assets should be considered, and taking into account the duration of the marriage, the timing and circumstances of the acquisition of the property, and the upbringing of the child, it is appropriate to view the contribution as 50% each."
(2) 45-year long marriage case (Seoul Northern District Court, verdict August 23, 2024, case number 2023Na39107)
This ruling involves a couple who maintained a 45-year marriage, stating, "There is no clear evidence of the defendant's income activities; however, the defendant likely contributed to preserving and increasing the assets through supporting the deceased's income activities and raising three children while taking care of the household." It further stated, "For couples who have been married for a long time, unless there are special circumstances, the ratio of asset distribution is generally set at 50%."
4. The misunderstanding of
