Grey Divorce: What Older Couples Should Note

Divorce is never easy. Sometimes, it happens later in life after decades of shared history, intertwined finances, and grown children, and brings its own distinctive set of challenges. This is commonly known as a “grey divorce” – the dissolution of a long-term marriage typically involving spouses aged 55 and above.
If you are considering divorce later in life, know that you are not alone. In Singapore, couples are divorcing later. According to the Singapore Department of Statistics, the median age of civil divorce in 2024 was 45.5 for men and 41.8 for women, and figures have been rising over the last decade. The median duration of civil marriages before divorce has also risen to 12 years.
This article focuses on the legal and practical considerations to keep in mind before older couples get a civil divorce in Singapore, including:
- The division of matrimonial assets
- Maintenance and financial support
- Housing concerns
- Impact on CPF and retirement planning
- Impact on estate planning and inheritance
- Practical tips and considerations to keep in mind when preparing for a grey divorce
In doing so, this article also highlights the unique differences and challenges older couples face, compared to younger ones. For instance, older couples may not need to dispute matters concerning their children (if any), particularly if their children have already matured into adults who are able to take care of themselves. Instead, older couples may focus more on the division of their substantial amount of matrimonial assets accumulated over the years and issues concerning estate planning and retirement. Senior parents might also focus on ownership of the family home, which might be shared amongst their adult children.
Division of Matrimonial Assets
For most older couples, the division of matrimonial assets will be the centrepiece of their divorce proceedings. By the time a couple has been married for decades, their financial lives have typically become deeply intertwined, and unravelling that web requires careful legal and financial analysis.
Under the Women’s Charter, matrimonial assets broadly include:
- All assets acquired by either or both spouses during the marriage, whether held solely or jointly
- Assets acquired before the marriage that were ordinarily used or enjoyed by the family (for example, a premarital home that became the matrimonial home)
- Assets acquired before the marriage that were substantially improved during the marriage by either or both parties (for example, a business that the non-owner spouse developed substantially during the marriage)
Gifts and inheritances received by one party are generally excluded from the pool unless they were substantially improved during the marriage or used as the matrimonial home. For example, if a husband inherits a business from their parents, and then both husband and wife work on the business to substantially improve it, the business may be considered a matrimonial asset.
In practical terms, matrimonial assets in a grey divorce might typically include:
- The family home (whether an HDB flat or private property),
- CPF savings
- Bank savings and cash
- Investment portfolios
- Shares
- Insurance policies with cash value
- Vehicles
- Jewellery
- Business interests
The longer the marriage, the more extensive and complex this pool is likely to be. However, not all older couples approach divorce with substantial wealth. Where assets are limited, there may not be enough matrimonial assets to ensure both spouses can live comfortably as singles. In such cases, parties may face the prospect of selling their matrimonial home and downsizing separately.
What factors will the courts take into consideration when dividing matrimonial assets?
The guiding principle is that assets are to be divided into proportions that the court considers just and equitable. In the landmark case of ANJ v ANK, the court held that the division of assets involves 3 steps:
- First, each party’s direct financial contributions are expressed as a ratio. For instance, how much each contributed to the purchase price of the matrimonial home, mortgage repayments, and other matrimonial assets
- Second, each party’s indirect contributions are expressed as a ratio encompassing both indirect financial contributions, such as paying household expenses, as well as non-financial contributions, such as homemaking, childcare, and supporting the other spouse’s career
- Third, the two ratios are averaged and further adjusted as appropriate based on the specific facts of the case. For instance, longer single-income marriages may warrant a more equal division of assets.
The court also takes into account a range of factors such as:
- Each party’s financial contributions
- Any debt undertaken for the spouses’ benefit
- The needs of the children
- Each party’s non-financial contributions to the household
- Agreements between the parties on the division of assets upon divorce
- Any period of occupation in the matrimonial home without the other spouse
- The giving of assistance to the other spouse in their business
What will happen if you have been the homemaker for most of the marriage?
In many grey divorces, one spouse (often, but not always, the wife) may have left the workforce to raise children and manage the household for decades. This spouse may have made no direct financial contributions to the acquisition of matrimonial assets, but made substantial non-financial contributions to the family, such as caregiving, homemaking, and enabling the other spouse to pursue their career.
As can be seen, the courts recognise both financial and non-financial contributions by each spouse, regardless of who earned the main bulk of the income. In longer marriages, courts often tend towards an even split, even if there was only one main breadwinner in the relationship. This is because the homemaker spouse will have contributed to the household through non-financial contributions over the many years that the marriage took place.
Based on previous cases, more weight may be accorded to the homemaker spouse if the spouse:
- Sacrificed his or her full-time job to become a homemaker
- Was the main caregiver for the children
- Cared for many children and relocated often
- Took on the homemaker role without the assistance of a domestic helper
For example, in the case of TIT v TIU, the Court of Appeal found that the homemaker wife had four children and relocated multiple times over seven years, due to her husband’s career, while caring for them. Because of these reasons, the court found that the homemaker wife should have been accorded a higher percentage of indirect contributions.
In another case, WGE v WGF, the court found that the wife had left her job as a lead stewardess with Singapore Airlines to take on the role of caring for their child and their home. She did so without the assistance of a domestic helper and/or family members. Because of these and other reasons, the court awarded the wife a higher ratio of indirect contributions.
There are various other cases which show that homemaker spouses should be accorded a higher weight of the matrimonial assets even if they have not contributed financially to the household. However, this depends on the facts of each case, and the court will apply a broad brush approach when it comes to determining which spouse is entitled to what proportion of the matrimonial assets.
What if your matrimonial assets are also owned by a third party?
Older couples may also find that their assets are not cleanly separable. A common scenario is a family home that is jointly owned with an adult child or family member, or a business that involves children as partners or shareholders. These complexities do not remove an asset from the matrimonial pool – instead, each spouse’s share in the asset will be divided by the court when deciding upon division of assets, and the court will try its best not to impinge on the third party’s rights.
Maintenance and Financial Support
For older couples, spousal maintenance may be integral, especially when one of the spouses has been a homemaker for the bulk of the marriage.
Under the Women’s Charter, the court has the power to order a husband to pay maintenance to his wife or former wife as part of divorce proceedings. The court takes a “just and equitable” approach and considers the following factors:
- The income, earning capacity, and financial position of each party
- Each party’s financial needs
- The standard of living of the spouse before the breakdown of the marriage
- The age of each party and the duration of the marriage
- The physical and mental abilities of each party
- Each party’s contributions to the marriage
- Any benefit (such as a pension) that a party will lose as a result of the divorce
The overarching aim of spousal maintenance is financial preservation – ensuring that the financially dependent spouse does not experience a severe decline in their standard of living as a result of the divorce.
Limited earning capacity, poor health, and retirement
For older divorcing spouses, the most pressing maintenance concern is the reality that one or both parties may no longer be able to earn a living. A spouse who left the workforce decades ago to raise children and maintain the home will face significant challenges re-entering the job market in their 50s or 60s. Even if they were to attempt working again, their earning capacity after such a long absence would likely be greatly diminished. This means that if the recipient has a limited earning capacity, maintenance might be raised to reflect this. If the maintenance-giver has a limited earning capacity, maintenance might be lowered to reflect this.
Under the Women’s Charter, the age and physical condition of each party are factors in determining maintenance. As follows, where a spouse lacks the capacity to earn, whether due to age, health, or a decades-long gap in employment, the court is likely to award maintenance that reflects these realities. For example, where a spouse suffers from a serious illness or physical disability that limits their ability to work independently. If the recipient has poor health, maintenance might be raised to reflect this. If the maintenance-giver has poor health, maintenance might be lowered to reflect this.
The Women’s Charter also states that the income of each party will be considered. This means that if both parties are retirees, it is unlikely that the husband will be required to provide a high amount of maintenance to the recipient.
The above possibilities regarding uplifts or decreases in maintenance must be considered in the wider context of other factors involved. In principle, the aim of maintenance is to ensure that the recipient of the maintenance can still enjoy a similar standard of living as they would have before the divorce.
Lump sum or monthly maintenance
Maintenance can be provided either as a lump sum payment or in regular monthly payments. There is a practical advantage to a lump sum arrangement as it allows both parties to achieve a clean financial break and removes the risk of future disputes over enforcement and variation. This might be preferable in the case of grey divorces, as parties are approaching their elder years and health issues may be prominent, so it may be preferable to settle maintenance in a lump sum quickly.
Housing concerns
HDB flats
Where the matrimonial home is an HDB flat, the primary options are to either have one party retain the flat by buying out the other’s share, have the flat sold on the open market and divide the proceeds, or to surrender the flat to the HDB if the flat is to be sold but it is under its Minimum Occupancy Period (MOP).
To retain a HDB flat as a single person post-divorce, the party wishing to do so must be a Singapore Citizen aged 35 and above under the Single Singapore Citizen Scheme. For those who do not meet these criteria (for example, if the party wishing to own the flat as a single is a Singapore PR), the flat will need to be sold. However, if the MOP of the flat has not yet been met, parties might need to surrender the flat to the HDB at the prevailing compensation price. The compensation from the HDB is usually lower than the flat’s value on the open market.
Private property
Private property does not carry the same HDB eligibility restrictions on ownership. Parties can choose to either have one party retain the flat by buying out the other’s share, or have the flat sold on the open market and divide the proceeds.
Practical housing options for single seniors
For older Singaporeans who find themselves without the family home post-divorce, these options can be considered:
- Purchasing a smaller resale HDB flat if the potential buyer is a Singaporean Citizen aged 35 and above. The buyer may use their CPF savings to contribute to the purchase price
- Right-sizing to a smaller unit. The Silver Housing Bonus offers a cash bonus of up to $40,000 for eligible seniors who right-size to a 3-room or smaller HDB flat and top up their previous flat’s sale proceeds to their CPF Retirement Account
- Utilise the Lease Buyback Scheme (LBS). The LBS allows seniors to monetise a portion of their remaining lease by selling it back to the HDB while retaining the right to continue living there for life, with the sales proceeds used to top up the CPF Retirement Account
Implications for adult children
Grey divorces involving adult children raise their own housing considerations.
Adult children living with divorcing parents might face a few options depending on their parents’ decision concerning their property. If their parents decide to have one parent buy out the other parent’s share of the property, the adult children have to decide if they wish to stay with the parent owning the property or the parent who will move out. If the parents decide to sell the property, the adult children can decide to buy the property or find separate housing arrangements.
For adult children who are joint owners of family property with their divorcing parents, the divorce proceedings might also affect their ownership position, depending on the court’s orders.
Before divorcing, senior parents might want to communicate with their adult children about possible changes to ownership and housing arrangements to better manage expectations.
Impact on CPF and Retirement Planning
CPF savings accumulated during a marriage are treated as matrimonial assets and may be divided by the court. Where a court order requires one party to transfer a portion of their CPF savings to the other, those savings will be transferred between CPF accounts, and the recipient can use the funds for approved CPF purposes, such as paying for a flat or paying for healthcare.
CPF LIFE is a national longevity insurance scheme that transfers a monthly payout for living expenses from age 65. Monthly payouts are based on CPF LIFE premiums, which are paid from your CPF account. It therefore follows that the division of CPF savings in a grey divorce can affect CPF LIFE payouts. This needs to be factored into retirement planning post-divorce, as parties may be relying on CPF LIFE as their primary source of retirement income.
Impact on Estate Planning and Inheritance
Wills
A common misconception is that divorce automatically invalidates a will made during the marriage, but this is not the case under Singapore law. This is unlike marriage, which automatically revokes any pre-existing will as the law assumes you want to support your new spouse.
Therefore, the consequences of failing to update a will post-divorce may be severe. Your ex-spouse may remain legally entitled to inherit your assets and serve as your executor. If you are divorcing, you should review and update your will as early as possible in the process.
CPF nominations
CPF savings do not form part of your estate and cannot be willed away. To distribute your CPF savings after death, you have to make a CPF nomination – if not, your savings will be distributed by the Public Trustee in accordance with intestacy laws upon your death.
If you do not change your CPF nomination after a divorce, your CPF savings will still go to your ex-spouse if you have nominated them previously. Reviewing and updating your CPF nomination is an important administrative step to take post-divorce.
Insurance policies
Insurance policies with your ex-spouse named as beneficiary also do not automatically change upon a divorce. Life insurance policies, in particular, should be reviewed – if your ex-spouse is named as the beneficiary of a policy, they will receive the payout on your death unless you change the nomination.
Lasting Powers of Attorney (LPA)
LPAs are legal documents that appoint a trusted person to make decisions on your behalf if you lose mental capacity. If you have previously appointed your ex-spouse as a donee in your LPA, another updated LPA may need to be filed to appoint someone else as your donee after divorce.
What are Some Practical Tips/Considerations to Keep in Mind If You are Preparing for a Grey Divorce?
Having decided to proceed with a divorce, there are a number of practical steps that older couples should attend to. The following overview is organised around the three key phases of the divorce process.
Before filing for divorce
- Compile a comprehensive list of all matrimonial assets and their approximate values. This includes property, CPF account balances (obtainable via the CPF website), bank and investment accounts, insurance policies, and any business interests
- Obtain and review copies of key financial documents such as CPF statements, property title deeds or HDB ownership documents, bank statements, loan documents, and tax returns
- Consider mediation, which can be a less adversarial, faster, and less costly way to reach a settlement. The Family Justice Courts actively encourage mediation, and many grey divorces are resolved this way
During the divorce process
- Seek legal advice – a family lawyer experienced in grey divorces will be able to advise on the law, your entitlements, and the approach most likely to result in a fair outcome given your particular circumstances
- Where the asset pool is complex, consider engaging a financial professional to assist with valuation and tracing of assets
- If maintenance is an issue, document your financial needs and prepare a schedule of monthly living expenses, healthcare costs, and any other expenses. This provides the court with a concrete basis for assessing the required amount of maintenance
After the divorce
- Update your will to reflect your wishes, naming new beneficiaries and executors as appropriate
- Update your CPF nomination as required
- Update the beneficiary designations on life insurance policies and any other financial products
- Update your LPA donee if required
- Revisit your retirement budget in light of the asset division – consider whether CPF LIFE payouts, investment income, and any other resources will be sufficient, and whether adjustments such as right-sizing your home are needed
A grey divorce may be a more complex undertaking than a divorce earlier in life. Financial stakes are higher – decades of accumulated assets, retirement savings, and carefully laid estate plans are all in play.
The key legal and practical points to take away are that matrimonial assets accumulated over a long marriage are divided on a just and equitable basis, with courts giving genuine recognition to the contributions of homemaker spouses. When deciding on maintenance, the court takes into account the realities of each party’s age, health, earning capacity and income, and its aim is to ensure that the recipient enjoys a similar standard of living post-divorce. Estate documents such as wills, CPF nominations, and insurance beneficiary designations should be reviewed and updated accordingly after divorce.
None of these issues are simple, and none should be navigated without professional guidance. A family lawyer experienced in handling grey divorce matters will be able to advise on the full range of legal considerations, help you understand what you are entitled to, and work towards a resolution that protects your financial well-being in the years ahead. If you are facing a grey divorce, do not delay in seeking the advice you need. Consult a family lawyer soon.
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