Maintenance of Spouse in a Singapore Divorce

Maintenance refers to the provision of support (financial in nature) for wives, children or incapacitated husbands. How is maintenance upon divorce awarded in Singapore? If the wife earns more than the husband, can she still ask for maintenance? In what circumstances does the wife have to provide maintenance for her husband/ex-husband, if any? Read on to find out more.

Maintenance of the Wife

Section 113 of the Women’s Charter empowers the court to order a man to pay maintenance to his wife or former wife, either during matrimonial proceedings, or after a divorce, judicial separation, or nullity of marriage has been finalised.

The fact that the wife is drawing a large salary (evincing financial self-sufficiency) may influence the judge, who may be reluctant to award a high quantum, if any, of maintenance fees to the wife. Also, the division of matrimonial assets, especially in circumstances where substantial assets are awarded to the wife, may justify a smaller maintenance for the wife.

Maintenance orders can be in the form of:

• Fixed monthly payments.
• Reimbursement (repayment) of specific expenses, either in full or in part.
• Direct payment of expenses to a service provider (such as a childcare centre or utilities provider).

Maintenance of the Husband

Amendments to the Women’s Charter have made it possible for the husband to apply for maintenance if they are:

• Incapacitated by a physical or mental disability, before or during the course of marriage;
• Unable to earn a living as a result of the disability; and
• Unable to support themselves

Determining the Quantum of Maintenance

The court will look at the facts of each case and determine whether the party seeking maintenance has such a need; and if so, the appropriate quantum of maintenance. Section 114 of the Women’s Charter sets out the factors that will influence such a decision, including:

1. The earning power of both parties, previously, currently and in the future.
2. The assets owned by either and both parties.
3. The financial needs, obligations and responsibilities of both parties in the future. (For example if the wife is awarded the care and control of the child, she would also need to bear the financial burden of raising the child, whilst the child would require maintenance too. Therefore, the husband may be ordered to pay for such sums.)
4. The standard of living enjoyed by the family before the marriage broke down.
5. The age of the parties and the duration of the marriage.
6. The contributions made by each party to the family.
7. Any potential losses suffered by the parties as a result of the marriage.

Nominal Maintenance

The courts may order nominal spousal maintenance (i.e. $1) if the applicant can prove that their circumstances will change significantly in the future (for example, future loss of earnings due to a change in personal circumstances, illness etc).

For example, a wife who is currently working full-time and able to financially support herself has a child with special needs requiring her care. She may be awarded a nominal maintenance of $1 to preserve her right to claim for maintenance in future if she has to resign from her job to be a full-time caregiver for the child.

What to Do If Your Spouse Refuses to Comply with the Maintenance Order

Should your spouse refuse to comply with the maintenance order, you can apply to enforce the maintenance order against your spouse.