International Divorce & Property Division | Can Overseas Assets Be Divided Too?
When assets are scattered across countries, an international divorce raises important questions — which country's law applies, and how can overseas assets actually be divided? Here's a clear breakdown.
Attorney Sugar walks you through how to approach property division and alimony in an international divorce involving overseas assets.
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International Divorce: Property Division & Alimony — The Key Points
When assets are spread across multiple countries, which legal standard applies — and how overseas assets can actually be divided
That said, overseas assets are far more complex than domestic ones: from locating them → proving their existence → actually dividing them
Alimony is a separate claim from property division and is recognized on the same basis regardless of nationality
The right to claim property division expires if not exercised within 2 years of the divorce
1. What Is Property Division in an International Divorce? Does It Include Overseas Assets?
Property division is the process of settling assets accumulated by a couple during their marriage. International divorces are no different — in principle, assets are subject to division regardless of which country they are held in. However, "being subject to division" and "actually being able to divide them" are two different things. This article explains that distinction in detail.
2. Which Country's Law Governs Property Division in an International Divorce?
The governing law (lex causae) for property division is determined in the same manner as the governing law for the divorce itself. The order of priority is as follows:
① If both spouses share the same nationality → the law of that country ② If they have different nationalities → the law of the country where they jointly reside ③ If neither ① nor ② applies → the law of the country most closely connected to the couple
However, if one of the spouses is a Korean national residing in Korea, Korean law applies regardless of the above order — and in practice, this is the most common scenario in international marriage divorces. Once Korean law is established as the governing law, assets are divided under the same standards that apply to Korean couples.
3. How Can Overseas Assets Actually Be Divided?
Division of overseas assets typically involves three steps:
Locating: Domestic accounts can be identified through a court order requiring disclosure of financial transaction records — but this order does not extend to overseas accounts or real estate. In many cases, the other party must voluntarily disclose the assets, or their existence must be established through circumstantial evidence.
Proving: The existence and value of the assets must be substantiated before the court using documents equivalent to property registration certificates, account statements, and wire transfer records.
Actually dividing: Even after a Korean court issues a ruling, it does not automatically take effect in the country where the assets are located. A separate recognition and enforcement procedure in that country must be pursued.
4. How Is Alimony Claimed in an International Divorce?
Alimony is a separate claim from property division. It constitutes compensation for emotional distress caused by the other party's infidelity, violence, or other misconduct, and is governed by Article 806 (alimony) as applied mutatis mutandis under Article 843 of the Civil Act.
The fact that a spouse is a foreign national does not reduce the alimony that may be claimed. It is recognized on the same basis as it would be for a Korean spouse, regardless of nationality.
5. What Is the Deadline for Claiming Property Division in an International Divorce?
The right to claim property division must be exercised within 2 years from the date the divorce is finalized. Once this period has passed, the right itself is extinguished.
International divorces often take longer than domestic ones, as they involve determining jurisdiction and governing law while simultaneously navigating procedures in foreign countries. For that very reason, it is essential to plan ahead and ensure this 2-year deadline is not missed.
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Sugar Recipe — A Word from Attorney Sugar
Overseas assets can disappear easily. If you are preparing for an international divorce, start by consulting the K-Foreigner Legal Center from the very beginning.
With the K-Foreigner Legal Center by your side, you won't need to worry about where your case stands or what comes next. Proactively guiding you before questions even arise, and identifying potential risks so you're never left uncertain about what to prepare in an unfamiliar legal system — that is what we have been doing for years.
A team of attorneys who communicate in your language and specialize in divorce cases will take responsibility for your international divorce from start to finish. A representation service that allows proceedings to move forward without direct contact with your spouse, and cross-border matters handled through AGA, a global network of leading law firms — all available through the Korea Foreign Nationals Legal Center in one place.
