As large corporations' high performance bonuses continue to draw public attention, concerns are also growing over how these bonuses should be divided during divorce proceedings. In particular, when news of a performance bonus comes to light late in the process, just before finalizing the divorce, some couples are left uncertain whether to proceed with an uncontested divorce or to turn to litigation instead.

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A woman married for seven years had agreed to finalize an uncontested divorce with her husband, settling on a 60:40 split of their assets. They had even completed notarization with no alimony to be paid. However, after learning about her husband's potential for receiving a bonus in the hundreds of millions of won, the situation changed. She began to worry that if she proceeded with the divorce as is, she might not receive any share of the bonus and started considering whether switching to litigation could allow her to claim a portion of it.

In principle, asset division is based on the value of properties at the time the case is concluded. However, in practice, the point at which the marital relationship has broken down is often used as the standard. Especially for highly volatile assets like deposits or stocks, the time of litigation may also serve as the basis for division.

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Performance bonuses are not determined solely by the timing of their payment. Because they are compensation for past labor, if the period for which the bonus is awarded overlaps with the marriage, the spouse's contribution may be partially recognized. In other words, if the income was earned during the marriage, it could be subject to division as marital property.

The problem is that the standards for judgment are not straightforward. The timing of the bonus payment, the period of employment, the point at which the marriage broke down, and the share of the bonus in the total assets are all taken into account. Especially if the relationship was already essentially over, the spouse's contribution may be rated low, meaning the bonus could be excluded or the share to be divided could be reduced.

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Experts advise that if a certain percentage has already been secured through an uncontested divorce, one should proceed with caution. If the marriage was not particularly long and a 60:40 division has been agreed upon, this may actually be favorable, and there is no guarantee that 40% of the bonus will be recognized as marital property even if the case goes to court.