In Singapore, maintenance for the wife or incapacitated husband (also known as Spousal Maintenance), is a critical aspect of divorce proceedings, ensuring that the financial needs of a dependent spouse are met following the dissolution of a marriage. In Singapore, the legal framework surrounding spousal maintenance is designed to be fair and equitable, taking into account various factors to determine the appropriate level of support. It is important to consult a family lawyer in Singapore to understand your needs and the type of maintenance that is appropriate for you. 

This comprehensive guide will explore the key elements of spousal maintenance in Singapore, helping you navigate this complex aspect of family law.

What is Spousal Maintenance?

Spousal maintenance refers to the financial support one spouse provides to the other after a divorce or even during the marriage also known as interim maintenance. In a case presided over by the then-Chief Justice Yong Pung How, Tan Sue-Ann Melissa v Lim Siang Bok Dennis [2004] 3 SLR(R) 376, Yong CJ (as he then was) said: “[e]ssentially, the aim is to even out any financial inequalities between the spouses, taking into account any economic prejudice suffered by the wife during the marriage”. 

Contrary to popular belief, the above passage by then-Chief Justice Yong Pung How highlights that spousal maintenance is not meant to be punitive despite the reason(s) for the termination of the marriage. 

Legal Framework Governing Spousal Maintenance

In Singapore, spousal maintenance is governed by the Women’s Charter 1961 (“Women’s Charter”), which applies to both men and women, although historically, most claims have been made by women. The court can order maintenance payments during the divorce process (interim maintenance) and after the divorce is finalized (final maintenance).

The power of the court to order maintenance is provided for under Section 113 of the Women’s Charter, which states that the court may order a man to pay maintenance to his wife or former wife, or order a woman to pay maintenance to her incapacitated husband or incapacitated former husband – 

  1. during the course of any matrimonial proceedings; or 
  2. when granting or subsequent to the grant of a judgement of divorce, judicial separation or nullity of marriage. 

Factors Considered in Determining Spousal Maintenance

The factors that the court takes into consideration when assessing the amount of maintenance to be ordered for the dependent spouse, Section 114 of the Women’s Charter states as follows:

In determining the amount of any maintenance to be paid by a man to his wife or former wife, or by a woman to her incapacitated husband or incapacitated former husband, the court must have regard to all the circumstances of the case including the following matters:

  1. the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
  2. the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
  3. the standard of living enjoyed by the family before the breakdown of the marriage;
  4. the age of each party to the marriage and the duration of the marriage;
  5. any physical or mental disability of either of the parties to the marriage;
  6. the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and
  7. in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.

Types of Spousal Maintenance

Spousal maintenance in Singapore can be categorised into several types:

  1. Interim vs Final Maintenance: In AXM v AXO [2014] 2 SLR 705, it was held that interim maintenance under Section 113(a) of the Women’s Charter is made before the conclusion of the main proceeding, i.e., before the final maintenance is ordered. It is only interim in the sense of its duration or operation, and it is conclusive in determining the parties’ financial relations for the time being. 

Further, maintenance orders made under Section 113 of the Women’s Charter can be rescinded or varied upon successful appeal against that order or under Section 118 of the Women’s Charter (only where the court is satisfied that the order was based on misrepresentation or mistake of fact or where there have been material changes in the circumstances). 

2. Nominal vs Substantial Maintenance: Nominal maintenance is an order for the payment of a nominal sum of money, i.e., $1.00, and the purpose of nominal maintenance is to preserve the dependent’s right to vary the maintenance order for substantive maintenance when the need arises. 

3. Lump-Sum vs Periodic Payment: Maintenance may be ordered as a one-time payment of the total amount which can provide immediate financial stability, or it could be ordered to be paid in periodic payments.

How to Apply for Spousal Maintenance?

Generally, the steps to apply for spousal maintenance involve the following steps:

  1. Filing a Maintenance Application: Application for maintenance during divorce proceedings is pleaded in the court documents at the application of the divorce. However, for interim maintenance during the subsistence of the marriage (under Section 69 of the Women’s Charter), applicants file and submit an application to the Family Justice Courts via the iFAMS online portal including all relevant financial information and supporting documents.
  2. Mediation: After the application is filed, the applicant and the respondent may be directed to attend mediation to try and resolve the case. If a resolution is reached, the case will end there, but if parties are not able to resolve the case at mediation, the matter moves forward to a mention. 
  3. Court Mention: At the mention, the Judge will give directions to the parties for them to take the necessary steps to prepare for a hearing, such as to file certain requisite documents. 
  4. Court Hearing: Both parties will attend a court hearing where parties will make the necessary arguments, i.e., the applicant will provide evidence for why maintenance should be ordered, and the respondent will provide evidence why maintenance should not be ordered. The judge will review the application, evidence and parties’ arguments, and decide on an outcome. 

Variation or Termination of Spousal Maintenance

As mentioned above, spousal maintenance orders can be modified or terminated under certain circumstances:

  1. Change in Circumstances: One of the most common reasons warranting a variation of the maintenance order is where there is material change in circumstances either in the party receiving the maintenance or the party paying the maintenance. Some common material changes in circumstances include a loss of income or a child’s expenses increased due to the child attending university. It should be noted that material changes in circumstances cannot be self-inflicted.
  2. Misrepresentation and Mistake as to Facts: Misrepresentation and mistake as to facts may warrant a variation of the maintenance order if it can be proved that either party had fraudulently misrepresented the facts or had fraudulently not disclosed important information. 

Enforcement of Maintenance Orders

Under Section 71 of the Women’s Charter which states as follows If any person fails to make one or more payments required to be made under a maintenance order, the court which made the order may do all or any of the following:

  1. Criminal Sanctions: The court may sentence the respondent (defaulting party) to a maximum of one month’s imprisonment for each month of unpaid maintenance; 
  2. Attachment of Earnings Order: A court order directing the respondent’s employer to deduct the portion of maintenance from the respondent’s salary and make direct payment to the applicant.  
  3. Garnishee Order: A court order directing a garnishee (a person who owes money to the respondent such as a creditor) to pay the money owed to the applicant instead of the respondent. 
  4. Banker’s Guarantee: A court order for the respondent to give a banker’s guarantee against future defaults.
  5. Financial Counselling: Sometimes the defaulting party has poor financial sense, and the court can order that the respondent undergo financial counselling to help better manage their finances. 
  6. Community Service: The court may order the respondent to perform any unpaid community service for up to 40 hours under the supervision of a community service officer for his or her breach of the maintenance order. 

Conclusion

Spousal maintenance is a vital component of divorce proceedings in Singapore, ensuring that dependent spouses receive the financial support they need to rebuild their lives post-divorce. Understanding the legal framework, factors considered, and application process can help you navigate this complex area of family law more effectively. Whether you are seeking maintenance or required to pay it, consulting with a family lawyer in Singapore can provide guidance on the processes and laws relating to maintenance and provide the necessary advice and representation.