Division of Assets & Maintenance in Singapore

The Court divides assets using the principle of a “just and equitable” distribution under the Women’s Charter. This means the division is not always 50-50 but depends on the contributions of each spouse. Both financial contributions (income, property payments) and non-financial contributions (childcare, homemaking) are considered. The Court looks at the length of marriage, standard of living, and needs of children.

Assets typically include property, CPF monies, bank accounts, investments, vehicles, and even certain business interests. Each case is unique, but the guiding principle is fairness, taking into account both tangible and intangible efforts by each spouse.

HDB flats are subject to HDB eligibility rules in addition to family law. To retain an HDB flat, at least one party must meet HDB’s criteria (such as forming a new family nucleus or qualifying under the Single Singapore Citizen Scheme). If neither spouse qualifies, the flat may have to be sold and proceeds divided.

Private properties do not have these restrictions and are treated like other matrimonial assets, to be divided based on contributions and fairness. Issues like outstanding loans, CPF refunds, and market valuations must also be addressed before distribution.

CPF savings used for housing, investments, or retirement are considered matrimonial assets if acquired during the marriage. Upon divorce, the Court may order a transfer of CPF monies from one spouse to the other’s CPF account, subject to CPF Board rules.

This often arises where CPF funds were used to finance a matrimonial home. Even when parties agree on the split, the Court must ensure that transfers and refunds comply with statutory requirements. Mistakes can delay the process or result in rejection by the CPF Board.

Adultery itself does not usually affect how assets are divided, as the Court focuses on contributions and fairness. However, if adultery directly affects the welfare of the children (e.g. exposing them to harm) or results in significant financial misconduct (e.g. spending matrimonial funds on a third party), it may influence the Court’s orders.

For spousal maintenance, adultery does not automatically disqualify a wife from claiming, but conduct that seriously undermines financial fairness may be taken into account in rare cases.

Yes. The Court can order maintenance for a wife or an incapacitated husband. The amount depends on the financial needs of the applicant and the paying spouse’s ability to provide. Factors include the length of marriage, standard of living, age, earning capacity, and contributions to the family. In some cases, token maintenance is ordered to preserve the right to claim more later if circumstances change.

The Court’s aim is not to equalise incomes but to ensure fairness and that the weaker party is not left destitute.

Child maintenance generally continues until the child turns 21, though it may be extended if the child is studying, disabled, or unable to support themselves. Spousal maintenance can be ordered for a fixed period or indefinitely, depending on the circumstances. Either party may apply to vary the order later if there is a material change (e.g., loss of income, increased needs).

The Court has wide discretion to adjust orders to reflect fairness at different stages of life.

Yes. Maintenance orders are not fixed forever. Either party can apply to the Court to vary, suspend, or discharge an order if circumstances have materially changed. For example, if the paying spouse loses their job or the receiving spouse becomes financially independent, the Court may reduce or cancel maintenance.

Conversely, if the child’s educational expenses increase, the Court may order higher contributions. Applications must be supported with financial evidence such as payslips, CPF statements, or school fee invoices.

Concealing or undervaluing assets is taken very seriously. Each party must file a full and frank affidavit of assets and means. If the Court finds that a spouse has hidden assets, it can draw an adverse inference and award a larger share to the other spouse. The dishonest party may also face cost penalties or, in extreme cases, contempt proceedings.

Lawyers use tools such as discovery applications, subpoenas, and cross-checking bank records to ensure all assets are disclosed. Transparency is essential, and attempts to hide wealth often backfire.