Originally published on metropolis.co.jp on November 2011

I want to leave my spouse, but I’m worried about my living allowance.

In Japan, the family court decides the figure of living allowance according to tables made by a group of judges. These tables show how much a specific allowance should be, according to number and age of infants, and the income of both parties, classified as salary or self-employment. If infants go to private school, this fact can make a difference. But it might not be considered if one party has a home loan.

How does custody work in Japan?

Only one party can take custody after divorce, according to Japanese law. The other party can usually only see the infants once a month, without overnight stays. Owing to the strictness of these terms, custody battles can become very heated, and even violent. Kidnapping within a family can occur, with police and relatives becoming involved. This is because judges tend to decide which side will have custody based on which party actually takes care of the children.

What happens if one party can’t afford to earn his or her own living?

You don’t need to worry about this. Even a woman who receives social welfare can succeed in winning custody of the children. But the most important thing to do right away in a dispute like this is consult with a lawyer as soon as possible. Otherwise, you might be surprised to see how little money is on the table for post-divorce living expenses.

Free legal consultations in English, Chinese, and Korean. AITS Shinjuku Law Office. 3F Believe Shinjuku-Bldg. 1-26-9 Shinjuku, Shinjuku-ku. Tel: 03-5362-0907. Email iyota@aits-lpc.com. Nearest stn: Shinjuku. www.aits-lpc.com