"65:35 Ratio, Not Unusual in a 30-Year Marriage"

Published 03 Jun.2024 14:17(KST)

History of Property Division Ratio Changes
Full-time Housewife Couples: '50-50'
Before 2000s, 30% Recognized

In the appellate court ruling on the divorce lawsuit between Chey Tae-won and Noh So-young, a property division of 1.38 trillion won, the largest in Korean judicial history, was made. The couple's joint assets of over 4 trillion won were divided at a ratio of 65% to Chairman Chey and 35% to Director Noh. While the scale itself is considered exceptional in legal circles, some opinions suggest that compared to the typical property division ratios by courts, the division amount is not particularly large.

[Image source=Beomryul Newspaper]

Since the introduction of the property division claim right in the Civil Act in 1990, courts have generally determined the property division ratio based on the duration of the marriage. In the 1990s and 2000s, the contribution of full-time housewives to property formation was around 30%. However, from the 2010s, the property share recognized for full-time housewives upon divorce rose to about half of the total assets.

For example, in couples where one spouse is economically active and the other is a full-time housewife responsible for household chores and childcare, if the marriage lasted over 30 years, it is generally analyzed that the property division ratio is set at '50 to 50.' In February 2010, the Seoul Family Court ruled in a divorce and property division lawsuit filed by a woman in her mid-40s who had devoted herself to household duties while raising two children for 20 years against her husband who ran a construction company, ordering the husband to pay 900 million won, which was 50% of the property, and 70 million won in alimony. Also, in a lawsuit by a woman in her early 50s who had been a full-time housewife for nearly 30 years and divorced her husband, a construction company president, the property division ratio was judged to be 50%.

In the first trial of the divorce lawsuit between Chairman Chey and Director Noh, who maintained their marriage for over 30 years, this customary practice was not recognized, leading to evaluations that it was unusual. The first trial court, the Family Division 2 of the Seoul Family Court (then presided over by Chief Judge Kim Hyun-jung), ruled in December 2022 that the property division ratio between Chairman Chey and Director Noh was 60% and 40%, respectively, and ordered Chairman Chey to pay Director Noh 100 million won in alimony and 66.5 billion won in property division money.

A family law specialist lawyer said, “Because the joint assets of Chairman Chey and Director Noh amount to 4 trillion won, the division amount calculated according to the division ratio is about 1.38 trillion won,” adding, “A division ratio of ‘65 to 35’ between a couple who maintained their marriage for over 30 years is not unusual at all.”