Legal Q&A
Q
Views50,617
Hello. Due to differences in personality with my husband, I recently went through a divorce by agreement. However, I do not know why, but in the course of the divorce, I ended up getting divorced without reaching an agreement on divorce consolation money or division of property. Even when I am already divorced, is a lawsuit regarding divorce consolation money and division of property possible?
divorce consolation money
divorce division of property
Answer
Published:
Author : Kuk Il KIM
Yes, a claim for divorce consolation money or division of property is possible even after divorce.
First, a claim for divorce consolation money must be filed within 3 years from the date of divorce, and if this period is exceeded, the right to claim is extinguished.
On the other hand, a claim for division of property can no longer be made once 2 years have passed from the date of divorce, so a suit must be filed within that period.
However, in the case of a divorce by agreement, it often happens that the parties agree on the divorce itself but pass over the divorce consolation money or division of property without separately determining them.
As such, where there was no agreement on consolation money or division of property at the time of the divorce by agreement, a separate claim must be made within a certain period after the divorce.
Ultimately, if you divorced by agreement and the related property has not been settled, you can have your rights legally recognized only if you claim consolation money within 3 years and division of property within 2 years.
If you miss this period, the claim itself becomes impossible, so caution is needed.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ cases handled per month
* 2025년 월평균 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
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
Key Case Results
MoreA Case of Claiming Damages for Emotional Distress for Dissolution of Common-Law Marriage Against a Partner Who Falsely Claimed to Be Divorced
Cheongju Divorce Attorney Defends 300 Million Won of 400 Million Won in Divorce Consolation Money
A Client Assisted by a Jeju Divorce Attorney Successfully Defended Against a Lawsuit for Division of Marital Property
Related Practice Areas
MoreAll fields At a glance
1/0