One of the most contentious issues in a divorce in Singapore is the division of matrimonial assets. It is therefore essential to understand which assets may be treated as matrimonial assets. Under section 112(10) of the Women’s Charter, matrimonial assets generally fall into two categories:
| Assets Acquired During the Marriage | Assets Acquired Before the Marriage |
| ● Acquired by one or both parties | ● Acquired by one or both parties
● Asset must have been substantially improved during the marriage by at least one of the parties, or ordinarily used or enjoyed by both parties or their child(ren) while the parties were residing together for shelter, transportation, household, education, recreational, social or aesthetic purposes
|
The court will have the power to divide the relevant matrimonial assets between the parties in a divorce on a just and equitable basis, rather than a mere 50-50 split. The court will weigh various factors relevant to the case, including the following:
- Direct financial contributions to the marriage
- Indirect non-financial contributions to the marriage
- The duration of the marriage
- The specific needs of the children, if applicable
Naturally, “matrimonial assets” as defined in s 112(10) of the Women’s Charter can include Central Provident Fund (CPF) monies that have been accumulated during the marriage, including the Ordinary Account, Special Account, MediSave Account and Retirement Account. During divorce proceedings, both parties must file a copy of Form 220 (Affidavit of Assets and Means) after an Interim Judgment has been granted at the Family Justice Courts, for the purpose of disclosing all their CPF Investment Scheme (CPFIS) holdings and CPF accounts. It is important to note that the division of CPF will be part of the overall division of matrimonial assets as a whole, rather than a separate exercise. Once the Court makes the relevant ancillary orders, the CPF Board will implement any CPF-related orders, such as transfer orders or charging orders, in accordance with the Court’s directions.
If both parties can agree on the divorce and all related issues, including asset division, they may be able to proceed with an uncontested divorce in Singapore. CPF-related assets should still be addressed as part of the overall asset division.
Division of CPF Savings
Where the Court orders that one spouse is to receive a share of the other’s CPF savings, this is generally effected through either a transfer order or a charging order. The table below shows which orders are available depending on the nationality of the recipient ex-spouse:
| Singaporean Citizen | Permanent Resident | Foreigner |
| Transfer order
Charging order |
Transfer order Charging order |
Charging order only
* including Employment Pass, Long-Term Visit Pass and Dependant’s Pass holders as they do not have CPF accounts |
Transfer Order
Under this approach, the court can grant a transfer of CPF savings from one ex-spouse’s account to the other immediately, without first allowing the transferor to set aside the retirement sum. The exact amount of money transferred will be dependent on the exercise of the court’s discretion. The transferred CPF savings will be credited into the recipient’s CPF account and may be used or withdrawn in accordance with the CPF Act and the applicable CPF withdrawal rules.
Charging Order
This approach is slightly different, as it allows for the retirement sum to be set aside before an ex-spouse is granted a share of the other’s CPF monies. The recipient will only receive payment in cash when the CPF member becomes entitled to withdraw the relevant CPF savings under the CPF Act.
However, the division of CPF monies may not always be this straightforward.
CPF Monies Used for the Matrimonial Home
Often, parties use Ordinary Account funds to pay for the down payment, stamp duties and monthly instalments that go towards a housing loan. CPF savings used to finance the matrimonial home (whether it is a HDB or a private property) are relevant in assessing the parties’ direct financial contributions, for the division of matrimonial assets.
Where the Matrimonial Home is Sold
If the parties had used CPF to pay for a Housing Development Board (HDB) flat, the CPF savings that each owner used will be refunded back to each owner’s CPF Ordinary Account, together with accrued interest, upon the sale. Once refunded, the CPF savings become available for transfer or charging pursuant to any court order for the division of CPF monies between the parties.
Court-Ordered Transfer of the Matrimonial Home
The Court may order one party to transfer his or her interest in the matrimonial home to the other party, if it is fair or reasonable to do so. Depending on the circumstances, the Court may direct that the transferor receive a partial refund, or no refund at all, of the CPF monies used to acquire the property.
| Partial Refund | No Refund |
| The recipient ex-spouse must refund only the specified amount (together with the accrued interest) into the transferor’s CPF account | The transferor will not receive any CPF refund for the CPF savings used to acquire the property, even if the recipient ex-spouse later sells the property |
CPF Investment Scheme (CPFIS) Monies
Additionally, if either party has invested in CPFIS, the court can order the CPFIS holdings to be divided. The court can order that the ownership of the investments (such as shares and bonds) be transferred from one party to the other. Alternatively, the court can order that the party’s investments be sold and later refunded into the Ordinary and/or Special Accounts, to be eventually transferred to the other party’s CPF account.
Other CPF-Related Considerations
CPF Nominations
Parties should remember to review and update their CPF nominations, as existing nominations are not automatically amended upon divorce. If a party no longer wishes for their ex-spouse to receive their CPF savings upon their death, they must make a new CPF nomination to replace the existing one.
CPF and Maintenance Payments
Generally, CPF savings cannot be used to directly pay for wife or child maintenance unless the money has already been withdrawn and is currently held as cash. However, CPF income can be considered by the Court in its determination of an appropriate maintenance amount. For example, monthly CPF LIFE payouts or Retirement Account withdrawals may be relevant in assessing a person’s financial resources when determining the appropriate maintenance to be paid.
Related Family Law Consideration
CPF issues are only one part of some divorce cases. Where family violence is also a concern, a Personal Protection Order (PPO) may be relevant as a separate protective measure.
Conclusion
CPF savings are often one of the largest financial assets accumulated during a marriage. However, their division upon divorce is not determined by a fixed formula or an automatic equal split. The treatment of CPF savings can also become more complex where they have been used to finance the matrimonial home or invested under CPFIS. As every case depends on its own facts, parties should consider seeking advice from an experienced family lawyer to understand how their CPF savings may be treated during divorce proceedings.
References
- Singapore Statutes Online. (n.d.). Women’s Charter 1961 (Section 112) https://sso.agc.g ov.sg/Act/WC1961?ProvIds=pr112
- Singapore Statutes Online. (n.d.). Women’s Charter 1961 (Section 112(10)) https://sso.agc.gov.sg/Act/WC1961?ProvIds=P110-P44_112-
- Central Provident Fund Board. (2026, June 12). How CPF-related assets are divided in a divorce. https://www.cpf.gov.sg/member/account-services/cpf-asset-management/on-divorce
- Singapore Legal Advice. (2024, December 13). Guide to CPF Nominations & How to Make One In Singapore. https://singaporelegaladvice.com/law-articles/guide-cpf-nominations-how-to-make-singapore/#changeorcancel
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