Key Points
- The right to claim property division (officially “division of property”) is extinguished two years after the date of divorce (Article 839-2(3) of the Civil Act).
- Compensation for emotional harm caused by divorce (alimony in the sense of compensation for non-economic damages) expires by prescription unless claimed within three years from when the divorce took effect (Supreme Court Decision 2025Meu10716, decided January 29, 2026; Article 766(1) of the Civil Act).
- To seek divorce on the ground of infidelity, you must file within six months of learning of it and within two years of when it occurred, and you cannot file if you consented in advance or later forgave it (Article 841).
- Renunciation or qualified acceptance of an inheritance must be made within three months of learning that succession has begun, and a forced-share return claim within one year of learning of it and within ten years of the start of succession (Articles 1019 and 1117).
Deadlines for divorce and alimony
| Claim | Deadline | Legal basis |
|---|---|---|
| Property division | Two years from the date of divorce | Articles 839-2(3) and 843 of the Civil Act |
| Revocation of a fraudulent act to protect property division | One year from learning of the ground for revocation, five years from the date of the juristic act | Articles 839-3(2) and 406(2) of the Civil Act |
| Alimony based on divorce (against the spouse or the affair partner) | Three years from dissolution of the marriage | Article 766(1) of the Civil Act; Supreme Court 2025Meu10716 |
| Damages for an individual act of infidelity unrelated to divorce (ordinary civil claim) | Three years from learning of the damage and the wrongdoer, ten years from the tort | Article 766 of the Civil Act |
| Divorce on the ground of infidelity (Article 840, item 1) | Six months from learning of it, two years from when the ground arose. Not available if consented to in advance or later forgiven | Article 841 of the Civil Act |
| Divorce on other serious grounds (Article 840, item 6) | Six months from learning of it, two years from when the ground arose (does not apply if the ground is continuing) | Article 842 of the Civil Act; Supreme Court 96Meu1243 |
| Objection to a decision in lieu of mediation | Two weeks from service of the authenticated copy of the record (peremptory period) | Article 34 of the Judicial Conciliation of Civil Disputes Act |
Which limitation period applies to a damages claim against an affair partner depends on the nature of the claim. The Supreme Court held that a claim against the spouse or the affair partner for alimony based on divorce is a Class C family litigation case, subject to a short three-year period running from dissolution of the marriage. By contrast, a claim based on an individual act of infidelity during the marriage, regardless of divorce, is an ordinary civil case and follows the standard of three years from learning of the damage and the wrongdoer and ten years from the tort (Decision 2025Meu10716; Article 766 of the Civil Act). Details of suits against affair partners are in our guide to affair lawsuits.
Among the grounds for divorce in Article 840 of the Civil Act, the law sets a filing period for only two: infidelity (item 1) and other serious grounds (item 6). However, if a ground under item 6 is still continuing at the time of filing, the time limit of Article 842 does not apply (Supreme Court Decision 96Meu1243, decided November 8, 1996). If verbal abuse continues or a separation is still ongoing, there is no need to give up hastily on the assumption that the period has passed.
Deadlines for reporting a divorce and claiming pension
- Reporting a divorce by agreement · The report must be filed within three months of receiving the certified copy of the confirmation; after that, the confirmation loses effect (Article 75 of the Act on Registration of Family Relations).
- Reporting a judicial divorce · The report is filed within one month of the judgment becoming final (Articles 78 and 58 of the Act on Registration of Family Relations).
- Divided National Pension · The deadline is five years from the date all requirements are met, and if the divorce occurred before pension age, an advance claim can be made within three years from the date the divorce took effect (Articles 64(3) and 64-3 of the National Pension Act). For the Public Officials Pension, the period is three years (Article 45(3) of the Public Officials Pension Act). Guide to pension division
Deadlines concerning children
- Action to deny paternity · Must be filed within two years from when the husband or wife learned of the ground (Article 847(1) of the Civil Act).
- Past child support · Prescription does not run before the child turns 19; it begins to run when the child reaches adulthood and the parents' duty of support ends (Supreme Court en banc Decision 2018Seu724, decided July 18, 2024).
- Criminal penalty for unpaid child support · A parent who fails to pay child support within one year from the date of a detention order may face criminal punishment (Article 27(2)2 of the Act on Enforcing and Supporting Child Support Payment (the “Child Support Enforcement Act”, 양육비이행법)). Guide to enforcing child support
Deadlines for inheritance
| Procedure | Deadline | Legal basis |
|---|---|---|
| Death report | One month from learning of the death | Article 84 of the Act on Registration of Family Relations |
| Acceptance, renunciation or qualified acceptance of inheritance | Three months from learning that succession has begun (the court may extend the period) | Articles 1019(1), 1030 and 1041 of the Civil Act |
| Special qualified acceptance | If you did not know, without gross negligence, that debts exceed assets, three months from learning that fact | Article 1019(3) of the Civil Act |
| Qualified acceptance by a minor heir | Three months from learning, after reaching adulthood, that debts exceed assets | Article 1019(4) of the Civil Act |
| Claim to forfeit an heir's right of inheritance (where there is no will) | Six months from when a co-heir learns that the person has become an heir | Article 1004-2(3) of the Civil Act |
| Forced-share return claim | One year from learning of the start of succession and of the gift or bequest to be returned, ten years from the start of succession | Article 1117 of the Civil Act |
| Claim for recovery of inheritance | Three years from learning of the infringement, ten years from the act of infringement | Article 999(2) of the Civil Act |
| Inheritance tax return | Six months from the end of the month in which succession began (nine months if domiciled abroad) | Article 67 of the Inheritance Tax and Gift Tax Act |
| Acquisition tax return and payment on inheritance | Six months from the end of the month in which succession began (nine months if an heir is domiciled abroad) | Article 20(1) of the Local Tax Act |
Within the ten-year period for an inheritance recovery claim, the part concerning a person who became a co-heir after succession began, through acknowledgment or a final judgment, and claims payment of value (Article 1014 of the Civil Act) was held unconstitutional by the Constitutional Court on June 27, 2024 (2021Hun-Ma1588). To follow the inheritance process step by step from the beginning, see our guide to the inheritance process.
Frequently Asked Questions
Two years have passed since my divorce. Is there still any way to get property division?
Can I use my spouse's affair, which I once forgave, as a ground for divorce again?
I only learned that my parent had debts more than three months after the death.
How long do I have to claim return of a forced share (officially “legal reserve of inheritance”)?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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