Increase in cases of divorce after the death of a Japanese spouse: Termination of in-law relationships does not affect family matters | WPN World People News

In recent years in Japan, there has been an increase in the number of women applying for "posthumous divorce," which is a procedure to terminate a marriage after a spouse's death. Many people are growing weary of traditional familial ties and do not wish to continue dealing with their deceased spouse's family, opting instead to sever those connections.

Japanese law stipulates that although a marriage ends with the death of a spouse, the legal in-law relationship continues. For those seeking a complete break from past constraints and a fresh start, "posthumous divorce" has become a viable solution. This process allows the surviving spouse to sever ties with the deceased spouse's family by submitting a "Termination of Kinship Relationship Notification". This can be done without the consent of the deceased's family and without informing them. Importantly, "posthumous divorce" only affects the in-law relationship and does not impact the inheritance of the deceased’s assets or the survivor’s pension rights.

According to the Ministry of Justice’s registry statistics, the number of "posthumous divorce" applications has increased from about 2,213 cases a decade ago to over 3,000 cases in 2022. Yuka Sonoda, a lawyer specializing in posthumous divorce, believes this trend reflects a weakening of traditional family values in Japanese society. Although the legal separation is clear, emotional ties can be difficult to sever. Moreover, as grandparents and grandchildren are considered "blood relatives," a posthumous divorce does not sever these familial bonds, potentially leading to inheritance disputes in the future. Therefore, Sonoda advises careful consideration when opting for a posthumous divorce.