When marriages end, couples face challenging financial questions. How will assets be divided? Will one spouse need to provide financial support to the other? What happens if one partner sacrificed career opportunities to care for children? For international couples or those relocating between Japan and California, these questions become even more complex because these two places handle divorce finances in completely different ways.
If you’re a Japanese national married to a Californian, or you’re considering relocating between these places, understanding these differences is crucial. They affect not just how much money changes hands, but when it happens and for how long.
Understanding Japan’s Financial Support System
If you’re unfamiliar with Japan’s approach to divorce finances, it’s important to know that Japan handles money matters during and after divorce slightly differently than California.
First, let’s understand the basic terminology. In Japan, there are two separate financial concepts related to divorce:
- Konn-in Hiyo (婚姻費用) translates to “marriage expenses” and refers specifically to financial support one spouse provides to the other during separation before the divorce is finalized. This is temporary support while the divorce is in progress, not post-divorce support. The Japanese Civil Code includes what’s called the “Duty to maintain standard of living,” which requires spouses to help each other maintain an equivalent standard of living during marriage, including periods of separation.
- Zaisan-bunyo (財産分与) means “property division” and refers to how assets are divided when the divorce becomes final. This one-time division of property serves as the primary financial remedy in Japanese divorces.
The historical roots of this system trace back to post-WWII legal reforms that modernized Japanese family law. The 1947 Constitution and subsequent Civil Code revisions established legal equality between spouses while maintaining distinctly Japanese approaches to family matters.
Article 768 of the Japanese Civil Code governs property division in divorce. It states that property acquired during marriage should be divided “appropriately” upon divorce, taking into account each spouse’s contribution. This flexible standard allows couples to negotiate their own arrangements rather than imposing rigid formulas, and gives courts significant discretion when making determinations about property division.
When Japanese couples divorce, they typically go through a negotiation process first. If they can agree on property division, they simply file divorce papers at their local government office. If they can’t agree, they move to court-supervised mediation (chotei). Only if mediation fails does a Japanese divorce proceed to litigation, where a judge will decide the property division.
Importantly, Article 768(2) of the Japanese Civil Code imposes a two-year statute of limitations on property division claims after divorce. However, in rare and exceptional cases, such as when a spouse could not have reasonably asserted their claim within that period, courts may allow limited exceptions.
Japan’s Approach to Post-Divorce Support
A crucial fact that often surprises those familiar with Western divorce systems: Japan generally does not recognize ongoing alimony (post-divorce spousal support) after divorce. Once a Japanese divorce is finalized, former spouses have no legal obligation to provide continuing financial support to each other, regardless of income differences or length of marriage. In rare and exceptional cases, however, such as when a spouse is unable to support themselves due to age, illness, or disability, ongoing post-divorce support may be awarded. These instances are not common and are handled on a case-by-case basis.
Instead, Japan addresses post-divorce financial matters through the division of marital property under zaisan bunyo. Japanese legal practice recognizes two distinct aspects of property division, developed judicially rather than defined explicitly in statute:
- Standard property division (清算的財産分与 or seisanteki zaisan bunyo): The basic division of jointly acquired assets, such as homes, vehicles, savings, investments, and pensions accumulated during marriage.
- Property division for living expenses (扶養的財産分与 or fuyoteki zaisan bunyo): Provides additional assets to a spouse who may face financial hardship after divorce. This might apply to older spouses or those with limited earning capacity who need extra support to establish independent lives.
Compensation for emotional distress (isharyō) is a separate legal claim, not part of zaisan bunyo. It arises under general tort law (Articles 709 and 710 of the Civil Code) in cases where one spouse causes significant harm to the other, such as through infidelity or domestic violence. This claim is distinct from property division (zaisan bunyo) and is typically handled independently by the court as a tort-based remedy under general civil law.
These mechanisms allow Japanese courts to address various financial needs through a one-time settlement rather than ongoing payments. For example, if a spouse dedicated many years to homemaking rather than career advancement, courts may award a larger share of assets to compensate for reduced earning potential.
Importantly, property division claims in Japan must be made within two years of divorce, creating a clear time limit for resolving financial matters. This time limitation reinforces the cultural preference for definitive conclusions to marital relationships. However, in rare and exceptional cases, such as when a spouse could not have reasonably asserted their claim within that period, courts may allow limited exceptions.
California’s Alimony Framework
If you’re familiar with Japan’s system, California’s approach to divorce finances will seem dramatically different. Unlike Japan, California generally employs a system of ongoing financial support after divorce, commonly known as alimony or spousal support.
During divorce proceedings, California courts typically order what’s called “temporary support” to maintain financial stability until the divorce is finalized. This temporary support is similar to Japan’s Konn-in Hiyo, providing for immediate needs during the separation period.
The big difference comes after the divorce is final. In California, the court can order one spouse to continue making monthly payments to the other spouse for months, years, or even decades after divorce.
California Family Code Section 4320 guides the state’s alimony decisions, listing 14 specific factors courts must consider when determining spousal support. These include the length of the marriage, each spouse’s earning capacity, age and health, standard of living during marriage, and many other aspects.
The California system recognizes several distinct types of spousal support:
- Temporary Support: Provides financial stability during divorce proceedings. For example, if your spouse was the primary earner and you need money to pay rent while the divorce is ongoing, the court can order temporary support payments.
- Rehabilitative Support: Helps the receiving spouse gain education, training, or work experience to become self-supporting. If you gave up your career to raise children, rehabilitative support might help you get retrained and reenter the workforce.
- Long-term Support: May be ordered for marriages exceeding 10 years (defined as “long-duration” under Family Code Section 4336). Courts may retain jurisdiction to modify or continue support indefinitely, but this does not mean permanently. Courts encourage self-sufficiency and may issue Gavron warnings advising the supported spouse to become self-supporting within a reasonable time.
- Lump Sum Support: While less common, it allows courts to award entire support amounts upfront. This might happen when the paying spouse has substantial assets but unreliable income, or when both parties prefer to avoid ongoing financial ties.
California Family Code Section 4330 explicitly states that courts may order support for “a reasonable period of time” based on the “standard of living established during the marriage.” This enables courts to structure ongoing payments that help the lower-earning spouse maintain a lifestyle reasonably comparable to what was established during marriage.
For marriages lasting less than 10 years, California courts limit alimony duration to half the length of the marriage as a general guideline, but courts may deviate based on circumstances.
Taxation Differences
Tax considerations also differ significantly. In Japan, property transfers between divorcing spouses are generally exempt from gift tax when made as part of an agreed-upon division of marital assets. However, this exemption does not always apply to other tax types, such as capital gains tax, which may be triggered in cases involving the transfer of real estate or securities. Whether a tax liability arises depends on the nature of the asset and the structure of the transfer, and specific regulations under Japanese tax law apply.
In the U.S., under the 2017 Tax Cuts and Jobs Act, federal tax law changed so that for divorce agreements finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient. However, California did not conform to this federal change. Under California state tax law, alimony payments are still deductible to the payer and taxable to the recipient.
Comparing Support During Separation
For couples going through separation before divorce, Japan and California actually handle finances in somewhat similar ways, despite their different approaches after divorce.
In Japan, a spouse who earns less than their partner can request Konn-in Hiyo during the separation period. Japanese courts determine these payments using calculation tables published by the Japanese court system that consider both spouses’ incomes, the number of dependent children, and other relevant factors.
Similarly, in California, a lower-earning spouse can request “temporary support” during the divorce process. Many California courts use guideline formulas to calculate this amount, though the specific formula may vary by county. These formulas are only advisory and not binding on the court.
Both systems recognize that the period between separation and divorce creates financial vulnerabilities, especially for spouses who earn substantially less than their partners.
Key Philosophical Differences
Why do Japan and California take such different approaches to divorce finances? The contrast reflects deeper beliefs about marriage, divorce, and financial relationships.
The Japanese approach prioritizes a “clean break” philosophy. This perspective suggests that:
- Marriage creates temporary financial interdependence
- Divorce should restore complete financial independence
- Former spouses should move forward separately without ongoing ties
- A one-time settlement provides the cleanest psychological and financial break
This thinking aligns with broader Japanese social values that favor clearly defined personal and professional relationships. Just as Japanese business culture often values clear beginnings and endings, Japanese family law provides a clear termination to the financial aspects of marriage.
California’s approach reflects a “financial fairness” philosophy. This perspective suggests that:
- Marriage creates lasting economic interdependence
- Divorce shouldn’t create sudden financial hardship
- Financial transitions should happen gradually when appropriate
- Ongoing support recognizes the lasting economic impact of decisions made during marriage
This approach stems from American legal traditions focusing on equity and fairness. It acknowledges that choices made during marriage (like one spouse reducing work hours or declining career advancement to raise children) create economic consequences that continue long after divorce.
Financial Planning After Divorce
The different approaches in Japan and California create very different financial challenges after divorce.
If you divorce in Japan:
As a receiving spouse, you must plan for complete financial independence immediately. This means you’ll need to:
- Secure housing with your one-time settlement funds
- Reestablish your career quickly if you’ve been out of the workforce
- Budget your settlement to cover long-term needs
- Plan for your retirement independently
As a paying spouse, once you’ve paid the settlement, you have financial certainty. There are no further obligations, which allows you to plan your future finances without worrying about ongoing payments.
If you divorce in California:
As a supported spouse, you’ll receive ongoing payments but will need to:
- Balance immediate needs against gradually building self-sufficiency
- Understand that your support may eventually end or decrease
- Consider how remarriage would terminate your support
- Plan for potential modifications if circumstances change
As a paying spouse, you must:
- Budget for ongoing monthly obligations that may last for years
- Understand how your obligation might change if either party’s income changes
- Recognize that while your remarriage won’t end your obligation, your ex-spouse’s remarriage will
Special Considerations for International Couples
If you’re in a Japanese-Californian marriage, divorce brings unique challenges that require understanding both legal systems.
The first major question is: which country’s laws will apply to your divorce? This question of “jurisdiction” depends on several complex and interconnected factors:
- Where you were married
- Where you currently live
- Your citizenship status
- Where your major assets (like homes) are located
- Any applicable international agreements
- Each country’s specific residency requirements for divorce
- International comity principles (how one country recognizes another’s legal decisions)
Determining jurisdiction is not straightforward and often requires specialized legal expertise in international family law. It’s not simply a matter of where you live, as multiple jurisdictions might claim authority over different aspects of your divorce.
Sometimes, one spouse might engage in “jurisdiction shopping” by filing for divorce in a country with laws more favorable to their situation. This can create parallel legal proceedings in multiple countries, dramatically increasing complexity and cost.
Even after a divorce is finalized, enforcing the terms across borders can be challenging. If a California court orders ongoing alimony payments, but the paying spouse moves to Japan, enforcement becomes much more difficult since Japan doesn’t recognize continuing support obligations in the same way California does, and lacks a robust domestic legal framework for enforcing foreign alimony orders.
Limited mechanisms may exist under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007), to which both Japan and the United States are parties. That said, Japan’s participation is primarily focused on child support, and its enforcement of spousal support orders is restricted and less predictable.
For practical solutions, consider:
- Consulting attorneys who understand both Japanese and California divorce law
- Using international mediation specialists to create agreements that work in both jurisdictions
- Creating hybrid settlements (like a larger one-time payment plus shorter-term support) that respect both legal traditions
- Drafting enforceable agreements in both jurisdictions
Comparison: Japan vs. California
| Feature | Japan | California |
| Support During Separation | Konn-in Hiyo (based on standardized tables) | Temporary support (often formula-based) |
| Post-Divorce Support | One-time property division | Ongoing alimony with various forms (modifiable) |
| Duration | Immediate settlement | Temporary, rehabilitative, or long-term |
| Philosophy | Clean financial break | Gradual transition to independence |
| Standard Used | “Appropriate” division based on contributions | Marital standard of living |
| Career Impact Recognition | Considered in property division | Explicitly acknowledged in statute |
| Modification Possibility | None after settlement | Available when circumstances change |
| Impact of Remarriage | Generally none | Terminates support for recipient |
| Tax Treatment | Generally not taxable | Varies: taxable in CA, not federally post-2018 |
| Cultural Value Emphasized | Self-reliance and privacy | Economic fairness and protection |
Let’s Talk About Your Case
Japan and California represent two fundamentally different approaches to handling money matters after divorce.
Neither system is inherently better; they simply reflect different cultural and legal approaches to similar problems. But if your life involves both jurisdictions, you need a strategy that works across borders.
Whether you’re a Japanese spouse in California, a Californian in Japan, or somewhere in between, we can help.
Contact our international divorce law team at 310-820-3500 to schedule your confidential case evaluation today.
