Legal Q&A
Q
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My father and mother have decided to divorce, and because my mother has suffered so much over the years, I hope she receives a large division of marital property when they divorce. However, my mother is a full-time homemaker... I think I saw on the Internet that a full-time homemaker cannot receive a division of marital property. Is that true? Or can a full-time homemaker receive a division of marital property?
division of marital property in divorce
division of marital property for a homemaker
Answer
Published:
Author : Kuk Il KIM
A full-time homemaker can receive a division of marital property.
The division of marital property for a full-time homemaker is not simply a matter of applying a legal ratio; rather, it is a process of comprehensively evaluating overall contributions during the marriage.
Even if one did not engage in direct economic activity, if one sufficiently proves indirect contributions such as housework, child-rearing, and support of the spouse, one can receive a fair division of marital property.
According to an analysis report of case practice by the Seoul Family Court, the property division ratio recognized for the female spouse is distributed widely, from 10% to 90%, with an average of 44.3%.
According to this, the longer the period of cohabitation, the higher the property division ratio tends to be that is recognized for the full-time homemaker.
This is because the court places a higher value on the indirect contribution that the full-time homemaker's housework and child-rearing made to the formation of property during a long marriage.
Taken together, even if a full-time homemaker did not engage in economic activity, the right to receive a division of marital property based on various contributions during the marriage is fully guaranteed.
For details, we recommend that you receive accurate legal advice through a consultation with a specialized attorney.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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