Divorce can be an emotionally taxing experience, and it often brings about significant financial implications for both parties involved. In Singaporean family law, one essential aspect that addresses the financial needs of spouses following a divorce is spousal maintenance, commonly known as alimony. In this article, we will explore the concept of spousal maintenance in Singapore, how it works, and the legal processes involved.
What is Spousal Maintenance?
Spousal maintenance is a financial support arrangement ordered by the court to assist one spouse in meeting their financial needs post-divorce. It acknowledges the financial disparity that may exist between the spouses due to various reasons, such as differences in income or the role each spouse played during the marriage. The goal of spousal maintenance is to ensure that neither party is left in a financially vulnerable position after divorce.
Who can Apply for Spousal Maintenance?
Until recently, Singaporean law only entitled wives to receive maintenance. However, significant amendments were made in 2016, allowing incapacitated husbands now have the legal right to seek maintenance from their wives or former wives.
Defined as a spouse who either before or during the marriage, has suffered from a physical or mental disability or illness that hinders their ability to earn a living, an incapacitated husband cannot independently support himself financially and thus remains in need of financial assistance.
Under Section 113(1) of the Women’s Charter, incapacitated husbands are granted the right to apply for maintenance from their wives. When evaluating such applications, the court will take into account the same factors outlined in Section 114, ensuring a fair and equitable consideration of the circumstances at hand.
Factors Considered by the Court
When deciding on spousal maintenance, the court takes various factors into account, including:
The court assesses the financial needs and obligations of both parties. This includes considering the standard of living during the marriage and the financial resources available to each spouse.
The age and health of both spouses are considered, as health issues may affect one’s ability to work and support themselves.
The length of the marriage is an important factor. Longer marriages may warrant more substantial spousal maintenance.
The court looks at the contributions made by each spouse during the marriage, including financial, caregiving, and homemaking contributions.
If there is a significant income disparity between the spouses, spousal maintenance may be more likely to be ordered.
The presence of children may also influence spousal maintenance, especially if the custodial parent requires financial support.
Court Orders and Amount
The court may issue a spousal maintenance order specifying the amount, duration, and terms of payment. Spousal maintenance can be ordered periodically (e.g., monthly) or as a lump sum. The court strives to be fair and reasonable in its decision, ensuring that the recipient spouse can maintain a similar standard of living as during the marriage.
Nominal Maintenance
In certain scenarios, a wife may find herself financially self-sufficient at the time of divorce but wishes to secure the option of seeking maintenance should circumstances change in the future. It’s important to note that, in Singapore, the court lacks the authority to modify or augment maintenance at a later date if no initial maintenance order exists. However, even a nominal order, such as S$1, paves the way for the possibility of approaching the court in the future to request adjustments and increases in maintenance when warranted.
It’s worth emphasising that the court does not automatically grant nominal maintenance. The wife is required to provide evidence justifying her eligibility for a nominal maintenance order.
Modification and Termination
Spousal maintenance orders are not necessarily permanent. They can be modified or terminated if there is a significant change in circumstances, such as an increase in the recipient spouse’s income or a decrease in the paying spouse’s ability to pay. Parties may also agree to vary or terminate spousal maintenance through mutual consent.
Conclusion
Spousal maintenance in Singapore is a vital component of family law that helps ensure the financial stability and well-being of spouses post-divorce. It recognises the financial interdependence that often exists within marriage and seeks to address any disparities that may arise following separation. If you are contemplating divorce or have already divorced and believe you are entitled to spousal maintenance, seeking legal counsel and understanding your rights under Singaporean family law is crucial to navigating this complex and sensitive issue effectively.
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