News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
<15> Property Division: Harder Than Divorce
Hanbyol Law LLC The attorney emphasizes that property division is not simply a 50-50 split, but rather a complex process involving the legal and economic settlement of assets accumulated and maintained during the marriage. The attorney conducts a thorough review of the assets subject to division (including joint property and, in exceptional cases, separate property) and, in the case of a litigated divorce, explains the valuation based on the “date of the conclusion of the trial,” and in the case of a divorce by mutual consent, the “date of divorce registration,” as set forth in Supreme Court precedents (May 30, 2024; May 26, 2016, etc.).
Hanbyol emphasizes the importance of proving intangible contributions—such as housework, child-rearing, and asset management—in addition to income when calculating contribution levels, and recommends securing objective evidence to substantiate these claims. It also explains the division of debts by distinguishing between debts incurred for the joint household and personal debts, and advises seeking restoration of the original state and a fair division through active remedies—such as filing a lawsuit to rescind a fraudulent transfer—in cases of asset concealment.

