Last year's 12,790 lapsed cases nearly doubled the 2022 figure; lawmaker calls for automatic pension-splitting at time of divorce

[123RF]
[123RF]

More than 38,000 split pension entitlements — benefits that divorced spouses can claim in recognition of their contributions during a marriage — have permanently lapsed over the past five years after claimants missed the filing deadline.

Data submitted to the National Assembly's Health and Welfare Committee by the National Pension Service show that from 2022 through June 2026, a total of 38,663 split pension entitlements were extinguished after the statutory filing period expired. The figures were obtained by Democratic Party of Korea lawmaker So Byung-hoon.

The number of lapsed cases reached 12,790 last year, nearly double the 6,372 recorded in 2022, and 7,526 more cases lapsed in the first six months of this year alone. Women accounted for 23,600 of the total cases, or 61 percent.

Under the current system, pension benefits are not automatically divided at the time of divorce.

A divorced spouse must personally file a claim in retirement only after meeting all required conditions — including the former spouse having acquired an old-age pension entitlement and the claimant having reached the eligible age. If the claim is not filed within five years of meeting those conditions, the entitlement is permanently forfeited.

A special provision allows a divorced spouse to file a pre-emptive claim within three years of the divorce, but the individual must be aware of the option and apply on their own initiative. The National Pension Service has no way of knowing about a divorce before an entitlement arises, leaving it unable to notify individuals directly.

The structural gap between divorce and the eventual claim — which can span decades — also creates a clawback problem.

Over the five-year period from 2022 through the end of June 2026, split pensions accounted for 45.19 billion won ($34 million) — or 44.4 percent — of the 101.68 billion won in total national pension clawback decisions, the largest share of any single category. When a split pension claim is filed belatedly, the portion of old-age pension payments already disbursed to the former spouse must be recovered.

[National Pension Service data, compiled by Rep. So Byung-hoon's office]
[National Pension Service data, compiled by Rep. So Byung-hoon's office]

The scale of the problem has intensified calls to adopt overseas models domestically.

In Germany, when a marriage lasting more than three years ends in divorce, pension splitting is decided as part of the divorce proceedings, with no separate application required. Pension contribution records accumulated during the marriage are divided at the time of divorce and credited to each party's individual account, meaning the entitlement is unaffected by subsequent changes in circumstances — such as the death of a former spouse.

"The current structure, which requires individuals to file claims themselves long after a divorce, is causing a persistent cycle of lapsed entitlements and clawback disputes," So said. "We need to actively explore reforms suited to domestic conditions — including automatically linking the split pension system to the divorce process and reflecting contribution records at that point."


thlee@heraldcorp.com