Going through a divorce can be a challenging and emotionally charged process, and one of the important aspects to consider is spousal support, also known as maintenance. When contemplating divorce, individuals who rely on their partners for financial support often have concerns about their eligibility for spousal maintenance.
In Singapore, the concept of spousal support is governed by the Women’s Charter, and it plays a crucial role in providing financial assistance to the spouse who requires it after the separation.
Let’s delve into the intricacies of spousal support, who may be eligible to receive it, and what factors are considered in determining the amount.
Spousal Support in Singapore
Spousal support, often referred to as maintenance or allowance, is a financial arrangement where one spouse provides financial support to the other after divorce or separation. It is designed to help the financially disadvantaged spouse maintain their financial needs and uphold their standard of living post-divorce.
Eligibility for Spousal Support
In Singapore, eligibility for spousal support is based on several factors, including financial need and the ability to pay. The court assesses these factors to determine whether maintenance is warranted. Some common considerations include:
- Financial Needs: The court will evaluate the financial needs of the spouse seeking maintenance, taking into account their monthly expenses, lifestyle, and any dependents they may have.
- Income Disparity: Maintenance may be awarded if there is a significant income disparity between the two spouses, and the spouse seeking support is unable to meet their financial needs.
- Contributions to the Marriage: The court may consider the contributions each spouse made to the marriage, both financially and in terms of homemaking and caregiving responsibilities.
- Length of Marriage: The duration of the marriage can also influence the decision. Longer marriages may result in more substantial maintenance awards.
- Health and Age: The health and age of both spouses can be factors. For instance, if the spouse seeking maintenance is of an advanced age and has health issues that limit their earning capacity, maintenance may be more likely.
- Nominal Maintenance: In some cases, where one spouse has limited financial means, the court may order nominal maintenance, which means a minimal amount of support is paid.
Is a Maintenance Order Always Granted by the Court?
During the divorce proceedings, the court will consider the financial preservation of both parties before determining whether a maintenance order should be granted. This means striving to maintain the spouse at a standard of living similar to what they had during the marriage. The court seeks to place both parties in the financial position they would have been in if the marriage hadn’t broken down, assuming all financial responsibilities are fulfilled. However, the court will only make such an order if it’s practical and fair to do so.
The court orders a spouse to pay a maintenance fee on a case-by-case basis. If the wife is able to support herself, earns a high income, or has substantial matrimonial property, the court may deem it unjust to grant a maintenance order.
Incapacitated husbands are also able to claim maintenance from their wives. An incapacitated husband is one who, due to physical or mental disability or illness, becomes unable to earn a livelihood before or during the marriage. If he continues to be financially incapable of supporting himself, the court will assess whether to grant a maintenance order, using the same factors as in cases favouring the wife.
Does a maintenance order mean a lifetime commitment?
Maintenance orders are not permanent. A maintenance order can be modified or revoked if you can demonstrate a valid reason or a change in circumstances for either party.
The key consideration is whether the receiving party can adjust without undue hardship. Examples of situations justifying modification include the receiving spouse remarrying, their income improving enough to cover daily expenses, or the paying party experiencing significant financial deterioration.
The Maintenance Application Process
Spousal support, or maintenance, is an essential aspect of divorce proceedings in Singapore, designed to provide financial support to the spouse in need. It aims to help them maintain their financial needs and standard of living after the separation. The decision to award maintenance is influenced by several factors, including financial needs, income disparity, and contributions to the marriage. Seeking legal advice and understanding your rights and responsibilities regarding maintenance is crucial when navigating the complex process of divorce in Singapore.
Reclaim Your Life Today!
For Instant Access To A Family Lawyer
Conclusion
Spousal support, or maintenance, is an essential aspect of divorce proceedings in Singapore, designed to provide financial support to the spouse in need. It aims to help them maintain their financial needs and standard of living after the separation. The decision to award maintenance is influenced by several factors, including financial needs, income disparity, and contributions to the marriage. Seeking legal advice and understanding your rights and responsibilities regarding maintenance is crucial when navigating the complex process of divorce in Singapore.
Disclaimer: The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise.
