Division of Assets – Spousal Maintenance: The Types of Orders

Section 113 of the Women’s Charter gives the court the power to order the husband to continue to maintain his former wife. The court has the discretion to make an order that is most suitable in those circumstances.

The orders may be in terms of:

1. When it is made relative to the conclusion of the final matrimonial proceedings, interim or final;
2. The size of the order, nominal or substantial; and
3. How money is to be paid, by a lump sum or periodic payments.


Interim Order


According to s.133(a) of the Women’s Charter, an interim order of maintenance may be allowed ‘during the course of any matrimonial proceedings’. Courts are generally not expected to take as much care in calculating the amount of maintenance to be ordered here.


Nominal or Substantial Order


A substantial order is frequently made when the former wife makes out her case for maintenance from her husband. If the former wife fails to do so, the court may dismiss her application or make a nominal order for her. The nominal order preserves her entitlement to maintenance as it can be amended at any point of time to become more substantial.


Lump Sum Order vs Periodic Payment Order


A lump sum order is provided for in Section 115(1) of the Women’s Charter. When the husband has the financial means such as valuable assets, the court may calculate the sum as the former wife’s monthly needs over the number of years which the court determines is fair to require the husband to continue to maintain her. 


On the other hand, periodic payment is of a continuing nature. There are several other provisions of the law that aid periodic payment under s.115(2), s.117 and s.118 Women’s Charter. The give the court discretion to make a further order to secure the payment and determine the duration of the order for periodic payments and lifespan of an order depending on whether the order is secured or unsecured. The order for periodic payments can also be varied at any time during its subsistence. 


For more information, please visit http://www.singaporedivorcelawyer.com.sg/spousal-maintenance-in-singapore/.