SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Petrina Tan, Bih Li & Lee LLP
(a) incapable of earning a livelihood, owing to any physical or mental disability or ill - ness; and (b) unable to maintain himself; and • continues to be unable to maintain himself. Courts have interpreted the definition of an incapacitated husband to mean that the hus - band should be incapacitated from earning a livelihood before falling under the definition pro - vided above (USA v USB (2020) 4 SLR 288). In this respect, a certain degree of permanence should be met before a husband would be deemed “incapacitated”. Nonetheless, other circumstances – such as the husband’s level of education and the corresponding type of work he is likely to perform – may also be taken into account (VJF v VJG (2020) SGFC 54) in deter - mining whether maintenance would be payable. In addition to maintenance post-divorce, wives and incapacitated husbands may also apply for maintenance from their spouse during the sub - sistence 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 maintenance from a spouse, pending the final determination of the ancillary matters. The fac - tors 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 maintenance 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 maintenance 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 application, 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 quan - tum 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 circum - stances 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 foreseeable future; • the financial needs and responsibilities each party has or is likely to have in the foresee - able future; • the standard of living enjoyed before the breakdown of the marriage; • the age of each party and the duration of the marriage; • 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.
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