The Approach to Maintenance in Singapore

Maintenance for Who?

The Women’s Charter currently only allows for maintenance to be paid by husbands to their children, wives and ex-wives. In Singapore, wives and children under 21 years of age are entitled to maintenance even prior to commencing divorce proceedings.

However, there has been a recognisation in recent times that the traditional household roles have been done away with in many families, and that many wives are employed and have financial independence as well. Thus, soon, wives may also be ordered to pay maintenance to their husbands or ex-husbands who are incapacitated and unable to work and support themselves, if there is a clear need.

Types of Maintenance Orders

There are different types of maintenance orders that the Court can grant.

These are:

• One-time lump sum payment
• This is usually for the purposes of achieving a “clean break”, where suitable
• Periodic (e.g. monthly / quarterly)
• Nominal maintenance (e.g. SGD$1 per month)
• This is usually to preserve the right to claim for increased maintenance in future should circumstances of the parties change
• No order as to maintenance

Factors Taken into Consideration

The dominant factors that are taken into consideration when determining the order for maintenance are the needs of the wife and child, compared to the ability of the husband to pay.

Some other factors that the court will take into account in determining the type / amount of maintenance to be granted are:

• Salary and earning capacity of both parties & children (in the past, present and future)
• Financial needs and obligations of both parties & children, including future obligations
• Standard of living enjoyed by both parties & children before the marriage broke down
• Any direct and indirect contributions made by each party to the household and the family
• Any losses suffered by each party as a result of the marriage (e.g. career sacrifices)
• What the court has already ordered for the Wife to receive from the division of the matrimonial assets