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UPDATE: Saturday, June 12, 2010      The Japan Times Weekly    2008年3月8日号 (バックナンバー)
 
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NOTES FROM GERMANY
Changes help divorcees in Tokyo, hurt German women

By YASUKO KUBO

In Germany it is 44.3 percent and in Japan it is 33.1 percent. These numbers are the divorce rate for each country. Japanese divorce less than Germans, but in the near future, this difference might be closer or both rates may increase.

Japan and Germany amended their laws on divorce recently, around the same time, but Japan's set of laws is friendly toward women, or the partner who was not the breadwinner, often housewives. The other set of laws is beneficial for men, or those who have supported a household, and had a nonworking ex-partner — this is in Germany.

In April 2007, a new pension system was introduced by law in Japan that allows women to gain half of their spouses, employee pension in the event of divorce, and this will be transferred automatically into the ex-wife's account. Many women in Japan probably waited until this system was introduced to pack their bags after telling their husbands what they think of them — the divorce rate has increased around 6 percent over the last year.

Divorce was not always an option for Japanese women, particularly women who had spent most of their lives as housewives. Shame is a factor that may still put many unhappy couples off ending their marriages today, but before the new law was introduced, divorced women often faced a life of poverty. After divorcing, many women could only obtain the basic pension — kokumin-nenkin — and so had to face financial difficulties. Just because they have worked at home, and not in the workforce, during their marriage, hubands could withhold their larger, company pensions if they wanted to. Many Japanese believe that the status of sengyou-shufu (housewives) represents middle-class stability, which is likely true, but ironically, if Japanese women divorce, they usually try to live alone, and can quickly end up in poverty. Such divorcees cannot easily find jobs, and can be forced to retire, facing a bleak future. The Japanese government has been unwilling or unable to control how such women can cope with post-marital life.

In contrast, divorced women enjoyed much better protection in Germany. Even if the couple did not have children, once they divorce, the husband, or the person who supported the household, had to pay for the ex-partner for the rest of their life, so that women could enjoy a similar standard of living to the one they had when they were married.

Also, if the divorced woman wished to go to university to improve her skills, the ex-husband had to pay for that too. There were many people, mostly men, who were forced to pay for their ex-partner, and therefore always had to save money if they wished to start a new family. But this golden system (for women) is over.

A new law was introduced from January 2008 in Germany under which men must pay child support but they do not have to pay anything for their ex-partners. Skeptics always claimed that divorced and childless women received too much and sometimes more than that they can earn. There were many women who did not work just because they wanted to get the support. Once they earn money, the support will be stopped. After the new law, they cannot get one euro.

Comparing these two changes, one may be tempted to say that German law, which used to be so supportive of women, is far more advanced than Japanese law. This is simply not true. Japan and Germany have a totally different social structure, and it was a coincidence that two countries reviewed the law at this point, to fit the current lifestyles of ther two countries — German women are more career-oriented, Japanese women are more likely to quit work after marriage.

The next step the Japanese government should take is to look beyond the new pension system and develop a legal infrastructure for divorced women who have to work and live alone, even though they have children. This may increase the divorce rate, however, it will be much better than an increase in kamen-fuufu (masked couples).

The Japan Times Weekly: March 8, 2008
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