SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
In addition to maintenance post-divorce, wives and incapacitated husbands may also apply for mainte ‑ nance from their spouse during the subsistence of the marriage, pursuant to Section 69 of the Women’s Charter 1961. Interim Maintenance A wife or incapacitated husband would be able to make an application to the court for interim mainte ‑ nance from a spouse, pending the final determination of the ancillary matters. The factors considered by the court when determining the quantum of interim maintenance granted (if any) are the same as those considered when deciding the quantum of mainte ‑ nance post-divorce. Interim maintenance to provide for the needs of any children of the marriage may also be ordered while proceedings are pending. The key difference between interim and final main ‑ tenance orders is which factors are relevant, based on the facts at the time the application is made. As an order for interim maintenance would be based on the circumstances prevailing at the time of the appli ‑ cation, the quantum of such interim maintenance (if ordered) would be affected by circumstances that may be fluid – for example, the ability of a former spouse to find employment or alternative accommodation, or where the children of the marriage are residing. With the objective of the interim maintenance order being to “tide over” the spouse and any children until the final ancillary matters hearing, a corresponding decrease or increase in this quantum may be ordered at the final ancillary matters hearing, depending on the circumstances. Quantum of Maintenance Post-Divorce The overarching consideration of the court when deciding the quantum of any maintenance to be awarded is to adequately provide for the needs of the spouse and any children of the marriage. In doing so, it will have regard to all the circumstances of the case, including the factors listed in Section 114 of the Women’s Charter 1961 – namely: • the income, earning capacity and assets each of the parties has or is likely to have in the foresee ‑ able future;
• the financial needs and responsibilities each party has or is likely to have in the foreseeable future; • the standard of living enjoyed before the break ‑ down of the marriage; • the age of each party and the duration of the mar ‑ riage; • any physical or mental disability of either party; • the contributions of each party to the welfare of the family; and • any benefits lost as a result of the divorce. The parents are jointly responsible for the maintenance of their children up until the age of 21, or beyond that age if the court is satisfied maintenance is necessary – for example, because the child has enrolled in tertiary education or has special needs. Spousal maintenance is also often complementary to the division of matrimonial assets, which may be used to even out financial inequalities between spouses, taking into account any economic prejudice suffered by the wife or incapacitated husband during the mar ‑ riage ( BG v BF (2007) 3 SLR 233). An order for maintenance may be in one lump sum in order to provide parties with a “clean break” from the marriage or may be in monthly instalments. How ‑ ever, the court in TDT v TDS and another appeal, and another matter (2016) 4 SLR 145 has cautioned that the purpose of spousal maintenance is not for the husband to act as an “insurer” for the former wife – in line with this approach, the courts have previously ordered no maintenance for wives who are employed and able to provide for their own needs. 2.5 Prenuptial and Postnuptial Agreements Prenuptial and postnuptial agreements are not auto ‑ matically enforceable/recognised by the Singapore courts. Such agreements will be subject to the scru ‑ tiny of the court. The Singapore courts have the overarching power to divide the matrimonial assets in such proportions as the court thinks just and equitable (Section 112 (1) of the Women’s Charter 1961). In determining what is “just and equitable”, the court shall have regard to all the circumstances of the case, and this includes whether there is “any agreement between the par ‑
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