Retirement

Divided and Survivor Pensions — What Happens After Divorce or Loss

Divided and Survivor Pensions — What Happens After Divorce or Loss

Discussions of Korea's national pension usually stop at "how much do I pay, how much do I get." But life brings other situations. What happens to the pension after a divorce, or the death of a spouse?

Two schemes exist: divided pension and survivor pension. Neither arrives automatically, and missing the deadline destroys the right entirely.

Deadlines matter most
· Divided pension: claim within five years of the right arising
· Just divorced? File an advance claim within three years of the divorce taking effect

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1. Divided pension — splitting after divorce

Pension accrued during a marriage is treated as jointly built, so it can be divided on divorce.

Four requirements, all needed

① DivorceYou must be divorced from the former spouse
② Marriage length5+ years of marriage within their contribution period
③ Former spouseMust be an old-age pension recipient
④ Your ageYou must reach your birth-year eligibility age

Requirement ④ creates the delay — divorce alone doesn't start payments. Hence the advance claim matters.

How much?

  • Normally half of the portion attributable to the marriage (excluding dependent allowances).
  • For rights arising after December 30, 2016, the ratio can be set differently by agreement or court order.
  • The agreement or judgment must use explicit pension terminology to be recognised.

Separation periods are excluded. Following a Constitutional Court decision, time when the marriage existed only on paper is removed from the calculation.

Useful features

  • Remarriage doesn't cancel it.
  • It stacks with your own old-age pension.
  • Multiple divorces can each qualify.
  • ⚠️ It works both ways — your former spouse can claim against your pension too.
  • The large majority of recipients are women, as it converts homemaking years into pension rights.
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2. Survivor pension

PriorityRecipient
1stSpouse (including de facto)
2ndChildren (under 25, or disability criteria)
3rdParents (60+, or disability criteria)
4thGrandchildren (under 19, or disability criteria)
5thGrandparents (60+, or disability criteria)

The amount is based on the deceased's basic pension, rising with their contribution years, plus dependent allowances. Confirm exact figures with the National Pension Service (1355).

⚠️ Spouses face a suspension after three years. Payments run for three years, then pause until a set age: 56 for those born 1953–56, 57 for 1957–60, 58 for 1961–64, 59 for 1965–68, and 60 from 1969 onward.
Exceptions: spouses meeting disability criteria, or those supporting a child under 25, are not suspended.

Without knowing this, people believe the pension was cancelled. It wasn't — it resumes at the specified age.

3. When rights overlap

Own pension + survivor pensionAdjusted — choose the better option
Own pension + divided pensionBoth payable

That's the key difference: divided pensions stack, survivor pensions are adjusted.

4. Applying

WhereNational Pension Service branches (visit, post, fax); some online
Divided pension documentsID, marriage and divorce records, bank details, any agreement or judgment
Survivor pension documentsID, death certificate, family relation records, bank details
EnquiriesCall 1355 (free)

5. Easy things to miss

  • Specify pension division in the divorce agreement if you want a non-standard ratio.
  • Use the advance claim within three years — it protects you when contact is later lost.
  • Five years extinguishes the right. Ask before assuming it's too late.
  • De facto spouses may qualify for survivor pension, but the relationship must be proven.
  • Survivor pension rights can end on remarriage.

FAQ

We divorced long ago — still possible?

The five years run from when the right arises. If you haven't reached eligibility age, the clock may not have started — ask the service.

My former spouse isn't drawing a pension yet.

They must be an old-age pension recipient first, so you may need to wait.

Does it reduce their pension?

Yes — the divided portion is deducted from theirs.

Can I receive survivor and basic pension together?

The basic pension is separate, subject to income and asset tests — pension income counts toward those (basic pension rules).

Neither pension arrives on its own. The divided pension in particular expires — if it might apply, make the call today.

This is general information, not legal or financial advice. Requirements and amounts depend on contribution history and family circumstances — confirm with the National Pension Service (1355).

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