CONTENTS
- 1. Late-Life Divorce | Concept
- - Main Grounds for a Late-Life Divorce
- 2. Late-Life Divorce | How to Proceed
- - Divorce by Agreement
- - Judicial Divorce
- - Reporting the Divorce to the Administrative Authority
- 3. Late-Life Divorce | Division of Marital Property and Consolation Money Issues
- - Division of Marital Property
- - Division of Marital Property for a Full-Time Homemaker
- - Consolation Money (Solatium)
- 4. Late-Life Divorce | Pension and Inheritance Issues
- - Claim for Division of National Pension
- - Deprivation of the Right of Inheritance
- 5. Late-Life Divorce | Checklist
- - Preparing for a Late-Life Divorce
1. Late-Life Divorce | Concept
Twilight divorce mainly refers to a case in which a couple in their middle to later years, aged 50 or older, chooses to divorce after all of the children have grown up.
The term ‘twilight years’ literally refers to the period corresponding to the sunset of one's life, and it is a social term used to describe a case in which a person decides to divorce during this period.
Main Grounds for a Late-Life Divorce
The reasons that divorce in later life is increasing are as follows.
② Increased possibility of economic independence (particularly the expansion of women’s participation in society)
③ Increased average life expectancy
→ a growing desire to live the “remaining 30 to 40 years of life” independently
④ Weakening of traditional views on marriage and the easing of social attitudes toward divorce
⑤ Emergence of differences in post-retirement lifestyles and values
In practice, divorce in later life often stems from psychological isolation such as “differences in personality,” “breakdown of communication,” and “emotional alienation,” in addition to traditional grounds for divorce such as one spouse’s infidelity or domestic violence.
2. Late-Life Divorce | How to Proceed
Like ordinary divorce procedures, late-life divorce is also divided into divorce by agreement and judicial divorce.
Divorce by Agreement
Where the spouses have agreed to divorce, the divorce takes effect once their intention to divorce is confirmed by the family court and a divorce report is filed with the administrative authority.
To have the intention to divorce confirmed by the family court, the following documents must be prepared and submitted.
Documents Required When Applying for Confirmation of the Intention to Divorce
(the signatures and seals of both spouses and two adult witnesses are required)
② One copy each of each spouse's family relation certificate and marriage relation certificate
③ Where there is a minor child
- One copy of the agreement on the person with parental authority, the method of child-rearing, and similar matters, together with two copies
- Or three copies each of the original family court ruling and the certificate of finality
However, because later-life divorce often involves entangled matters such as property relations, inheritance, and issues related to old age due to the long duration of the marriage, it is an area that calls for legal mediation rather than simple agreement.
Judicial Divorce
Where one party does not wish to divorce, or where there are grounds for fault such as an affair, assault, or economic abandonment, a party may petition the family court for a trial.
Grounds for which judicial divorce is recognized (Article 840 of the Civil Act)
② Malicious abandonment
③ Severe unfair treatment by the spouse or a lineal ascendant
④ Where one's own lineal ascendant has received unfair treatment
⑤ Unknown whether the spouse is alive or dead for 3 years or more
⑥ Any other serious ground that makes it difficult to continue the marriage
If you intend to proceed with a judicial divorce, you should prepare the following documents.
Documents required when filing for a judicial divorce
• Each spouse's certificate of marriage relationship
• Each spouse's resident registration abstract
• Each spouse's certificate of family relationship
• Basic certificate and certificate of family relationship of any minor child
• Other supporting materials
Reporting the Divorce to the Administrative Authority
A divorce does not take effect merely by the court's confirmation or judgment alone; the marital relationship terminates legally only through a report of divorce.
In the case of divorce by agreement
Within 3 months from the date on which one of the spouses receives a certified copy of the family court's certificate confirming the intention to divorce, the report of divorce, together with the relevant documents, must be submitted to the competent office of the place of registration or domicile (city hall, district office, or eup/myeon office).
: Within 3 months from the date of receiving the certified copy of the certificate confirming the intention to divorce
∙ Required documents
- 1 copy of the report of divorce
- 1 copy of the certificate issued by the court
- The reporting party's resident registration card and seal
∙ If not reported
: The court's confirmation loses its effect
In the case of judicial divorce
The divorce takes effect only when it is reported to the administrative office within 1 month from the date on which the divorce judgment becomes final.
: Within 1 month from the date the judgment becomes final
∙ Required documents
- Report of divorce
- Certified copy of the written judgment and certificate of finality
∙ If not reported
: The divorce does not take effect
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3. Late-Life Divorce | Division of Marital Property and Consolation Money Issues
In later-life divorce, the division of property accumulated over a long period is central.
In addition, if the spouse is at fault, consolation money may be claimed separately.
Division of Marital Property
You may claim division of marital property with respect to property held in joint names or in the sole name of the spouse.
In addition, beyond property accumulated during the marriage, retirement pay, pensions, business income, and the like may all be subject to division of marital property.
This should be carried out by comprehensively considering factors such as the degree of contribution to the formation of the property, the duration of the marriage, and the course of child-rearing.
If no agreement on the division of marital property is reached, a claim for division of marital property may be filed within 2 years from the date of divorce (Article 839-2 of the Civil Act (Civil Code)).
Division of Marital Property for a Full-Time Homemaker
A full-time homemaker can also be recognized as having a legitimate degree of contribution in the division of marital property.
Even if the person did not engage in economic activity during the marriage, the fact that the person took sole charge of household labor and child-rearing and thereby contributed to maintaining the family's finances is evaluated as a clear contribution to the formation of property.
Supreme Court, Decision of May 11, 1993, 93Seu6
In practice, in cases of divorce after a long marriage, even where one spouse earned the income alone, the long-standing contribution of a full-time homemaker is often recognized, and division of marital property at about half is frequently carried out.
Evidence proving a full-time homemaker's contribution
∙ Documents related to a long-occupied residence (lease or monthly-rent contracts, utility payment records, and the like)
∙ Statements related to household labor and support of the spouse (statements by the person, children, acquaintances, and others)
∙ Circumstances supporting the spouse's economic activity (length of employment, family relocation due to a job change or transfer, and the like)
∙ Whether the marriage period coincides with the period of property formation
∙ Management of living expenses and records of expenditures (household ledgers, card records, bank account transaction records, and the like)
Consolation Money (Solatium)
Where a ground attributable to the other spouse, such as an affair, assault, or desertion, is recognized, consolation money may be claimed as compensation for mental harm (Civil Act, Articles 806 and 843).
In such a case, the claim must be made within three years from the date on which the harm and the perpetrator became known, and once the period passes, the right to claim is extinguished (Civil Act, Article 766).
Supporting materials when claiming consolation money
: text messages, messenger conversations, photographs and videos, lodging receipts, detective reports, statements of the affair partner, and the like
∙ Evidence of assault
: medical certificates, hospital treatment records, photographs of injuries, police report records, eyewitness statements of surrounding persons, and the like
∙ Evidence of economic desertion
: records of nonpayment of living expenses, account transaction records, utility arrears materials, facts of nonpayment of child support, and the like
∙ Evidence of family discord and psychological harm
: psychological counseling records, psychiatric treatment records, diaries, victim statements, and the like
∙ Other circumstantial evidence that may support responsibility for the breakdown of the marriage
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4. Late-Life Divorce | Pension and Inheritance Issues
In a late-life divorce, the central issues are matters of pension and inheritance between the spouses rather than the children.
Claim for Division of National Pension
Where a spouse paid into the National Pension during the marriage, a claim for division may be made upon divorce.
Requirements for receiving a divided pension
② The parties must have divorced
③ The former spouse must be a holder of the entitlement to the old-age pension
④ The holder of the entitlement to the divided pension must reach the age at which payment commences for the relevant year of birth
Deprivation of the Right of Inheritance
Because divorce is the legal dissolution of a marital relationship, divorced spouses have no right of inheritance with respect to each other.
Therefore, in the case of a late-life divorce, an adjustment of the division through a prior gift or a will may be necessary.
Related News
5. Late-Life Divorce | Checklist
A twilight divorce often involves not only emotional conflict but also a complex web of various interests, including property, inheritance, life in retirement, health, and relationships with children.
The following items should be reviewed in advance for a stable divorce.
Item | Details |
Organizing the cause of the breakdown of the marriage | Confirm whether the ground for divorce constitutes a ‘justifiable ground’ |
Organizing property | Prepare a plan for dividing the property formed during the marriage |
Gathering evidence | Prepare evidence of grounds for judicial divorce, such as infidelity or violence |
Measures to protect personal status | Prepare provisional injunctions, such as a restraining order or restriction of child visitation |
Securing a living foundation | Plan for living after divorce, including residence, living expenses, and medical support |
Confirming inheritance and pension matters | Whether to claim division of the spouse's National Pension, eligibility for survivors' pension, and the like |
Preparing for a Late-Life Divorce
This firm has a number of specialist attorneys with an average of more than 10 years of experience, and it establishes tailored strategies according to the method of divorce.
In particular, in preparation for cases where complex division of marital property is expected due to a long period of marriage, the firm provides multi-dimensional legal services covering division of property, pensions, inheritance, and the like through collaboration with experts in each field, such as tax accountants, certified public accountants, and judicial scriveners.
If you are considering a divorce in later life or are experiencing difficulties with matters such as division of property and a claim for consolation money, please feel free to request a consultation with a divorce attorney.
