What is Spousal Maintenance Am I Eligible for it
One aspect of uncoupling is that divorcing parties in Singapore may be concerned about spousal maintenance. Outcomes differ depending on a variety of factors surrounding the divorcing couple.
What is Spousal Maintenance?
Spousal maintenance is a legal obligation where one spouse has to provide financial support to the other spouse. In Section 113 of the Women’s Charter, it is stated that the court may order one spouse to pay the maintenance of a wife or an incapacitated husband in order to financially support the party who lacks the financial means to get back on their feet after a divorce.
Who can Apply for Maintenance?
Wife maintenance is not the only spousal maintenance option in Singapore as both wives and incapacitated husbands have a right to apply for financial support.
The court may order the husband to pay maintenance to his wife or former wife either during the marriage or after a divorce, judicial separation, or nullity of marriage. However, if the wife is financially self-sufficient, the court may decide not to grant any wife maintenance. The court takes a holistic approach in deciding maintenance post-divorce, considering it with the division of matrimonial assets.
Aside from wife maintenance, incapacitated husbands can now apply for maintenance, for example if they are incapacitated by a physical or mental disability before or during the course of the marriage, unable to earn a living as a result of the disability, and unable to support themselves.
Assessment of Maintenance
Although wives and incapacitated husbands can apply for spousal maintenance, the court will grant a maintenance order depending on the all the circumstances of the case. The court will only grant a maintenance order if it is equitable to do so.
The court will also consider certain factors when deciding on the amount and the duration of maintenance. These factors are set out in section 114 of the Women’s Charter.
- The income, earning capacity, property and other financial resources both parties have or are likely to have in the foreseeable future
- The financial needs, obligations and responsibilities both parties have or are likely to have in the foreseeable future
- The standard of living enjoyed by the family before the breakdown of the marriage
- Age of each party and the duration of the marriage
- Any physical or mental disability
- The contributions each party made to the welfare of the family
- In the case of divorce or annulment, the value of any benefit (e.g. a pension) that the parties will lose the chance of acquiring
Duration of Maintenance Orders
The court may order maintenance to be provided for a stipulated period of time, or continuously until
- the death of either spouse or former spouse; or
- upon the husband or wife’s remarriage.
Maintenance can be ordered as a lump sum or as periodic payments.
Divorce proceedings are complex in nature. Each case turns on its own facts. Aside from maintenance orders, there are numerous other matters to be dealt with during the course of a divorce. Navigating the legal requirements of each application is challenging, and a divorce lawyer can assist you in making the process easier.
At Quahe Woo & Palmer, we are committed to providing our clients with practical and effective legal solutions. Our law firm is led by a team of experienced lawyers with varying specialist expertise, including some of the best divorce lawyers in Singapore. Get in touch with us if you require legal assistance.
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07 August 2023
BY Dylan Ong