Divorce, Residence Status, and the Public Assistance System

Under the Public Assistance Act, only Japanese nationals are eligible to receive public assistance. However,
for certain foreign nationals living in Japan who are in need of assistance, protection is provided through administrative measures by applying the Public Assistance Act mutatis mutandis.

Unlike Japanese nationals, when protection measures are applied to foreign nationals, the implementing agency (welfare office) with jurisdiction over the address listed on their Residence Card or Permanent Resident Certificate is responsible for providing such protection.

A foreign national whose Japanese spouse has filed for divorce may, as long as the marriage has not yet broken down, proceed independently with the procedures to renew their period of stay—on the grounds that the substantive basis of the marriage has not been lost—and is eligible for protection under the provisions applicable to public assistance. However, if the foreign national does not contest the divorce itself and negotiations are limited to the terms of the divorce, they will be deemed to have lost the basis for their status of residence even before the divorce is finalized. Consequently, they will no longer be eligible for protection under the provisions applicable to public assistance, and any public assistance benefits they were receiving may be terminated.