When a couple decides to divorce, they face numerous issues to resolve. Among the most important are alimony claims and property division claims.
Alimony claims are relatively straightforward as they typically arise from the at-fault spouse's clear misconduct. On the other hand, property division is determined not by fault but by each spouse's contribution to the acquisition of marital assets. This means even an at-fault spouse can claim a share, often leading to intense legal battles.
To handle property division effectively, it is crucial to identify the scope of divisible assets, substantiate your economic contributions, and focus on achieving a fair distribution ratio. Notably, national pensions, classified as a future asset, can also be subject to division. Understanding and preparing for this is vital
Assets Subject to Division and Legal Standards
- Assets Acquired During Marriage
- Any property acquired during the marriage, regardless of whose name it is registered under, is subject to division. For example, a house under the husband's name or savings in the wife’s name can both be included.
- Exceptions for Separate Property
- Assets inherited or gifted from parents are generally excluded from property division.
- However, if the other spouse contributed to maintaining or managing those assets, they may be considered divisible.
- According to a Supreme Court ruling, "Even inherited or gifted property can be subject to division if the other spouse’s direct or indirect efforts, such as domestic labor, significantly contributed to its preservation or improvement."
Importance of National Pension Division
National pensions are also included in divisible assets. These encompass not only current assets but also future ones, such as retirement benefits and pensions. Division of national pensions considers the period of marriage and the contributions made during that time, reflecting the joint efforts of both spouses.
Requirements for National Pension Division (National Pension Act, Article 64)
- Marriage duration must be at least five years.
- Divorce must have been finalized.
- The former spouse must be a recipient of an old-age pension.
- The claimant must be at least 60 years old.
- The claim must be made within five years of meeting these conditions.
The portion of the pension eligible for division is calculated by evenly splitting the pension benefits accrued during the marriage. However, periods of separation or estrangement where the marital relationship was effectively non-existent are excluded, so accurate calculation is essential.
Key Considerations for National Pension Division
- Cautions in Property Division Agreements
- When drafting a property division agreement, ensure that national pension division is not inadvertently excluded.
- A general clause stating that "no further claims for property division will be made" does not preclude a claim for pension division.
- However, if the agreement explicitly states that the entirety of the pension will belong to the other spouse, a claim for division becomes invalid.
- The Need for Legal Expertise
- National pension division requires a precise understanding of legal principles. Consulting a lawyer is crucial to ensure fair calculations and to avoid unintended omissions.
Conclusion
Property division is one of the most sensitive issues in divorce, and future assets such as national pensions are no exception. To ensure a fair share, you must provide evidence of your contributions and ensure that pensions are included in divisible assets.
Accurate legal assessment and preparation are indispensable during this process. Given the complexity of national pension division, including disputes over marriage duration and contributions, seeking professional legal assistance is highly recommended. This will protect your rightful claims and help you secure the share you deserve.
