After a Divorce or a Spouse's Death in Japan: 配偶者に関する届出, Pension, Health Insurance and 在留資格

After a divorce or the death of a spouse, besides the family register and resident registration, you also have to deal with switching pension and health insurance, children's allowances, and the 在留資格 you hold as a spouse. People with 「家族滞在」, 「日本人の配偶者等」 or 「永住者の配偶者等」 in particular face a notification to immigration within 14 days and a period after which the 在留資格 may be revoked. This article lists, by procedure, what to do after a divorce or the death of a spouse, for foreign residents in Japan in these situations to check for themselves. Whether a change of 在留資格 is permitted is decided by immigration case by case, so please consult the regional immigration services bureau as early as possible.

Key points

• 離婚届 and 死亡届: a divorce by agreement can be submitted at any time; a judicial divorce must be submitted within 10 days from the day it becomes final; a 死亡届 must be submitted within 7 days from the day you learned of the death.
• Within 14 days: people residing as a spouse submit the 「配偶者に関する届出」; people who were dependents of their spouse switch their 国民年金 and health insurance; if the 世帯 changes, submit a 世帯変更届; if you revert to your former name, file the 在留カード記載事項変更届出.
• 在留資格: for 「日本人の配偶者等」 and 「永住者の配偶者等」, not carrying out activities as a spouse for 6 consecutive months or more makes you subject to revocation (unless there is a justifiable reason); for 「家族滞在」, a change of 在留資格 is in principle required.
• Continuing to live in Japan: a change to 「定住者」 or similar may be possible, and immigration has published cases in which it was and was not permitted.
• Raising children: check whether you can receive the 児童扶養手当.

Timeline

When	Procedure	Office	Deadline / notes
At divorce / bereavement	離婚届 / 死亡届	市区町村	Judicial divorce: within 10 days from the day it becomes final; 死亡届: within 7 days from the day you learned of the death
Within 14 days	配偶者に関する届出	出入国在留管理庁 (online, counter, mail)	家族滞在・日本人の配偶者等・永住者の配偶者等
Within 14 days	国民年金 category change / 国民健康保険 enrollment	市区町村	If you were your spouse's dependent
Within 14 days	世帯変更届	市区町村	If the 世帯 or 世帯主 changes
Within 14 days	在留カード記載事項変更届出	Regional immigration services bureau	If your name changes
As early as possible	Consult about changing 在留資格	Regional immigration services bureau	Once 6 months without spouse activities have passed, you may become subject to revocation
Within 5 years from the day after divorce	年金分割 request	日本年金機構	Within 2 years for divorces before April 1, 2026

離婚届 and 死亡届

• A divorce by agreement can be submitted at any time to the 市区町村 of the registered domicile or the place of residence of the person filing, with the signatures of 2 adult witnesses and a document confirming the identity of the person filing.
• Divorce involving a foreign national: when one spouse is a Japanese national with habitual residence in Japan, Japanese law applies to the divorce (法の適用に関する通則法 Article 27), so a divorce by agreement can be completed by submitting the 離婚届 as described above. However, the home country of the foreign spouse may not recognize a divorce concluded in Japan, and separate procedures in the home country may be needed (see, for example, the explanation by 中央区); check the procedures of the home country in advance.
• A judicial divorce (judgment, conciliation, adjudication) must be submitted within 10 days from the day the court decision becomes final, with a copy of the judgment and a certificate of finality, a copy of the conciliation record, etc.
• When a spouse dies, a relative or a person living with the deceased must submit the 死亡届 within 7 days from the day they learned of the death (within 3 months if the death occurred abroad) to the 市区町村 of the place of death, the registered domicile or the place of residence of the person filing, with a death certificate or a postmortem examination report. Neither involves a fee.

Immigration: 配偶者に関する届出 (within 14 days)

• A mid- to long-term resident holding 「家族滞在」, 「日本人の配偶者等」 or 「永住者の配偶者等」 as a spouse who divorces or is bereaved must submit the 「配偶者に関する届出」 to the 出入国在留管理庁 within 14 days from the day the event occurred.
• You can submit it online through the electronic notification system (prior registration required), or at the counter of a regional immigration services bureau (show your residence card) or by mail (attach a copy of your residence card); documents such as a certificate of acceptance of the 離婚届 are not required.
• It cannot be filed in advance before the divorce. Failing to file or filing falsely is subject to penalties and may also count against you in later residence applications; even if the deadline has passed, file as soon as possible. People holding 「定住者」 do not need this notification.

在留資格

日本人の配偶者等 and 永住者の配偶者等: 6 months

• A person holding either of these 在留資格 as a spouse (excluding children of Japanese nationals, permanent residents, etc.) who stays for 6 consecutive months or more without carrying out activities as a spouse is subject to revocation of the 在留資格 (入管法第22条の4第1項第7号), unless there is a justifiable reason.
• Examples officially listed as not leading to revocation include: temporary evacuation or need for protection because of spousal violence (DV); separation that cannot be avoided, for example to raise a child, while the household finances remain shared; long absences abroad on a re-entry permit because of a relative's illness or injury in the home country; and divorce conciliation or divorce litigation in progress.
• The 出入国在留管理庁 explains that after a divorce or bereavement a change of 在留資格 is in principle required; when revocation is considered, an opportunity to apply for a change of 在留資格 or for permanent residence is taken into account.

家族滞在: 3 months

• 「家族滞在」 is a 在留資格 for carrying out daily activities as a supported spouse or child. After a divorce or bereavement a change of 在留資格 is in principle required, so after submitting the 配偶者に関する届出, consult a nearby regional immigration services bureau.
• 「家族滞在」 is a 在留資格 in 入管法別表第一, and not carrying out activities under that status for 3 consecutive months or more (unless there is a justifiable reason) is one of the grounds for revocation.

Wanting to continue living in Japan: 定住者

• The 出入国在留管理庁 has published cases in which a change from 「日本人の配偶者等」 or 「永住者の配偶者等」 to 「定住者」 was and was not permitted.
• The permitted cases involve raising a biological child of Japanese nationality (parental authority, record of custody and upbringing), a long marriage and period of stay in Japan, a certain level of income, a marriage that broke down because of DV, and so on; the cases not permitted involve criminal convictions, long periods living alone abroad, a very short period of actual cohabitation in the marriage, and so on.
• Permission is decided comprehensively by the regional immigration services bureau, and even a case similar to a published one may have a different result. Even if you have not carried out spouse activities for 6 consecutive months or more, a change to another 在留資格 may be permitted in cases such as raising a biological child of Japanese nationality.

Pension and health insurance (within 14 days)

• After a divorce you are no longer a dependent of your spouse. If you were a 国民年金 第3号被保険者 and do not join 厚生年金 after the divorce, you must submit a category change notification (to 第1号被保険者) to the 市区町村 of your residence within 14 days from the day the fact occurred, and from then on pay the 国民年金 premiums yourself every month; failing to report makes your pension record differ from reality, and it may later be corrected retroactively with a request to pay the missing premiums, and any premiums you cannot pay become unpaid periods.
• For health insurance, divorce is a reason to remove a dependent, and your spouse submits it through the company; if you have not joined any other health insurance, you must enroll in 国民健康保険 at the 市区町村 within 14 days.
• At divorce you can also request a split of the 厚生年金 records (年金分割); the deadline is in principle within 5 years from the day after the divorce (within 2 years for divorces before April 1, 2026).

Resident registration and residence card

• After a divorce or bereavement, a person whose situation changes, such as a change of 世帯主 or a split of the 世帯 at the same address, must submit a 世帯変更届 to the 市区町村 within 14 days from the day of the change (住民基本台帳法第25条); when moving, handle it through the move-out and move-in notifications (bringing your residence card to the procedure counts as the notification of your place of residence).
• If the name on your residence card changes (for example reverting to your former name), you must submit the 「在留カード記載事項変更届出」 to the regional immigration services bureau within 14 days from the day of the change, free of charge; you need a photo, a passport showing the changed name, etc., and you show your current residence card. It is best to complete the change or reissue of your passport first.

Raising children: 児童扶養手当

• The 児童扶養手当 is for parents and others raising a child whose parents have dissolved the marriage, or whose father or mother has died (until the first March 31 after the child turns 18; under 20 for a child with disabilities), and it has an income limit.
• From April 2026 the full amount is 48,050 yen per month (expected amount), paid in January, March, May, July, September and November each year. The paying bodies are the prefectures, cities, and towns and villages that have a welfare office; for how to apply, check with the 市区町村 where you live.

Common misconceptions

• "I'll report to immigration after I get the divorce certificate": the 配偶者に関する届出 does not require a certificate of acceptance of the 離婚届, and must be submitted within 14 days from the day the event occurred.
• "My spouse visa still has time left, so I can use it until it expires after a divorce": not carrying out spouse activities for 6 consecutive months or more makes you subject to revocation (unless there is a justifiable reason), and a change of 在留資格 is in principle required.
• "Anyone with a child can get 定住者": immigration judges comprehensively, and even a case similar to a published one may have a different result.
• "My 第3号 pension will switch over automatically": you must file the category change notification yourself within 14 days.