All you need to know about "Marriage/Divorce" under the SG Law

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Who can claim for spousal maintenance and who has a duty to pay spousal maintenance?

Under the Women's Charter, only a wife (and not husband) can claim for maintenance against her husband during the marriage. Both Muslim and non-Muslim wives can claim for maintenance at the Family Court as long as the marriage is continuing.
If there are civil divorce proceedings, a wife can also apply for maintenance from her husband to support herself during and after the divorce. This does not apply to wives who are Muslims or who are married under Muslim law.

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How can a wife make a claim for maintenance?

A maintenance application during the marriage may be filed by making a Magistrate's Complaint under Part VIII of the Women's Charter. For more information on the procedure for making a Magistrate's Complaint, .

If divorce proceedings have been filed by either party, the wife may still file a Magistrate's Complaint for maintenance if she requires maintenance pending the hearing of the divorce case. The court can make a maintenance order as long as the divorce has not been granted. Alternatively and preferably, the wife can file a Summons-in-Chambers to ask for "interim maintenance" (that is, maintenance pending the final hearing of the matters) from the husband and at the same time, she should apply for maintenance in her divorce petition. The court will deal with this issue as an ancillary matter.

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How will the court decide whether and how much money the wife should be given?

If the application is made by the wife during the marriage, the court will consider all the circumstances of the case, including the following factors, when deciding whether the order should be made and the amount of maintenance that should be paid to the wife:

(a) wife's financial needs;

(b) income, earning capacity, property and financial resources of parties;

(c) any physical or mental disability that wife might have;

(d) the age of the parties and the duration of the marriage;

(e) the contributions made by each spouse to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(f) the standard of living enjoyed by the wife; and

(g) the conduct of you and your spouse, if the conduct is such that the court is of the opinion that it is inequitable to disregard it.

If the application for maintenance is made by the wife in a divorce proceeding, similar factors are considered and in addition, the court will consider:

(a) the value of any benefit to either spouse that will be lost as a result of the dissolution of the marriage; and

(b) the court will try to place the parties in the same financial position as they would have been if the marriage had not broken down and each party had discharged his financial obligations and responsibilities towards each other.

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My husband is unemployed. Can I still claim maintenance from him?

You can still make a claim for maintenance from your husband if he is unemployed. However, this will be one of the factors which the court will take into account when deciding whether your husband should pay you any maintenance, and if so, how much maintenance he should pay you. (For a list of the other factors which the court will take into account, see above post).

My wife is making more money than I am. Can she still claim maintenance from me? Can I claim maintenance from her?

The fact that your wife is earning more money than you does not automatically disqualify her from claiming maintenance from you. However, this is one of the factors which the court will consider when deciding whether she should get any maintenance, and if so, how much maintenance she should get. You cannot however claim maintenance from your wife, even if she earns more than you.

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Can I still claim maintenance if my husband is a bankrupt?

Yes, you can still claim for maintenance if your husband is a bankrupt. In dealing with the assets of a bankrupt, the Official Assignee will have regard to the monthly maintenance that he will have to pay to support his wife and/or children.

uncle Dnat....after reading so much about maintenance... U still want to get Marry or not huh ????

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What kind of maintenance orders can the court make?

The court will usually make an order for monthly maintenance to be paid to the wife/ex-wife. It is advisable to request that the order also specify:

(a) the commencement date of the maintenance payment;
(b) the day of the month maintenance should be paid; and
(c) how the maintenance is to be paid.

For example, husband to pay the wife maintenance of $x on the first day of each month, with effect from 1 June 2001, such payment to be credited into the wife's POSB bank account no. xxxxxxx.

Other than monthly maintenance, the court can also make the following orders in appropriate cases:

(a) Attachment of Earnings Order:
this is an order that the husband's salary shall be deducted by his employer and paid directly to the wife/ex-wife each month. The responsibility for making the monthly maintenance payments on time will therefore be taken out of the husband's hands. However, if the husband changes employer, then the Attachment of Earnings Order will cease, and you will have to apply for a fresh Attachment of Earnings Order against his next employer.

(b) Lump Sum Maintenance:
this is an order to the husband to pay maintenance in one lump sum, instead of periodic payment. Upon payment, the wife will have no more right to claim maintenance. The court will normally make this order only if the husband is financially able to pay a lump sum (for example, upon divorce, from the husband's share of the assets). Various factors, such as the length of marriage and the age of the parties, will be considered by the court in deciding the quantum of the maintenance.

(c) Security for Maintenance:
this is an order that the husband secures the payment of maintenance by vesting any property that he owns (for example, a house) in trustees upon trust to pay the maintenance or any part of it out of the income from the property (for example, the rent), to the wife. This order is unusual and would be made only if the husband has the property to vest in trustees and if the court feels that it is just to do so, after considering all the circumstances of the case.

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My spouse has threatened to beat me up if I apply for maintenance. What should I do?

If you are afraid that your spouse will commit family violence on you when you apply for maintenance, you may wish, at the same time, to also make an application for a Personal Protection Order.


Do I need a lawyer to help me with my claim for maintenance? What if I can't afford a lawyer?

The procedure for making a Magistrate's Complaint is fairly simple and most litigants do not engage a lawyer to represent them.

If the maintenance application is made in a divorce proceeding, you may conduct the proceedings without a lawyer if you wish. However, if the matter is contested or a complex one, you may have to make legal arguments in the matter. The court is not able to give you any legal or procedural advice. So if you are conducting the proceedings yourself, you cannot expect to obtain any assistance or advice from the court. If, at any stage, you are unsure of what to do or say, then you may wish to obtain the assistance of a lawyer.
If you cannot afford a lawyer, you may wish to apply to the Legal Aid Bureau for assistance. However, you will have to satisfy the "Means Test" and the "Merits Test" to qualify for legal aid. For more details, you may wish to view the website of the Legal Aid Bureau.

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Who is entitled to child support or maintenance and who is liable to pay child maintenance or support?

A child has a right to financial support or maintenance from both his parents. A child would include an adopted child, an illegitimate child, as well as a child accepted as a member of the family or a child of the marriage. A child must be below 21 years old to be entitled to maintenance. A child who is above 21 years old can also claim maintenance, provided one of the following conditions is met:

(a) the child has a mental or physical disability;

(b) the child is or will be serving full-time national service;

(c) the child is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(d) there are any other special circumstances which justify the making of the order

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Who can claim for maintenance on behalf of a child?

A child who is below 21 years cannot sue his parent for maintenance. Instead, the following persons can claim for maintenance on behalf of a child below 21 years old:

(a) any person who is a guardian or has the actual custody of the child (i.e. a person who is responsible for the child, and who is looking after the child or has the custody or care and control of the child);
(b) any of his siblings who is at least 21 years old; or
(c) any person appointed by the Minister (usually a social worker from the Ministry of Community Development and Sports).

If the child is 21 years and over, he himself may make the claim for maintenance against his parents.
How can a claim for child maintenance be made?

A maintenance application for a child may be filed by making a Magistrate's Complaint under Part VIII of the Women's Charter. For more information on the procedure for making a Magistrate's Complaint.

If divorce proceedings have been started and a spouse wishes to apply for custody or care and control, the spouse may also apply for child maintenance as an ancillary matter, and pending the final hearing of this issue, the spouse may file a Summons-in-Chambers to ask for "interim maintenance" (that is, maintenance pending the final hearing of the matters).

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How will the court decide how much maintenance the child should be given?

The court when deciding how much maintenance the children should be given will have regard to all the circumstances of the case including the following factors:

(a) The financial needs of the child;

(b) The income, earning capacity (if any), property and other financial resources of the child;

(c) Any physical or mental disability of the child;

(d) The standard of living enjoyed by the child before the parent stopped paying reasonable maintenance for the child; and

(e) The manner in which the child was being, and in which the parties to the marriage expected him to be, educated or trained.

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I am afraid that even if a maintenance order were to be made by the court, my ex-spouse will not pay. What can be done?

Other than periodic maintenance, you can also apply for lump sum maintenance, an attachment of earnings order or for security to be given for the maintenance payment.


Will the maintenance for the children be paid to the parent having care of the children (since the children are staying with me) or to the children directly?

Maintenance will usually be paid to the person who is taking care of the children. However, if the children are old enough to control their own finances (usually if they are 17-18 years old and above), then the maintenance may be ordered to be paid to the children directly.

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The children's expenses will increase with time. I may also become ill and not be able to work, or lose my job. What if we need more money in the future than what the court has ordered?

It is possible to apply to vary (change) a maintenance order by asking for a higher sum for maintenance if circumstances or the children's needs change . As such, in dealing with maintenance matters, the court will generally consider the current needs of the children as well as those in the foreseeable future.

I did not claim maintenance for my children during the divorce. Can I now claim maintenance from my ex-spouse?

You may still claim maintenance for the children from the other parent even if you did not make a claim during the divorce proceedings, provided the court has not made any order stating that there shall be no maintenance for the children. You can file a Magistrate's Complaint, or alternatively, follow the procedure to make a claim for a variation of the order for ancillary matters (which is made in the course of divorce proceedings).

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Can parents claim maintenance at the Family Court?

No, applications filed by a parent against his/her child(ren) to pay the parent maintenance are not handled by the Family Court. Such applications should be made and heard at the Tribunal for the Maintenance of Parents (TMP), which is located at the Ministry of Community Development and Sports Building at Thomson Road. However, even though the Family Court does not make maintenance orders for parents, the Family Court may enforce a maintenance order made by the TMP

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I am not satisfied with the maintenance order made by the court. What can I do?

If you are not satisfied with the maintenance order made by the court, you may appeal against it, within 14 days from the date of the order. You may wish to seek legal advice on the procedures and expenses involved in filing an appeal.

The court has ordered me to pay maintenance for my wife. When can I stop paying maintenance? What if either she or I re-marry? Do I still have to pay maintenance to her?

You will have to pay your wife maintenance until the death of either party or upon the remarriage of the wife. Therefore, if your wife re-marries, you can stop paying her maintenance, but if you re-marry, you must continue to pay her maintenance.

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Do I still have to pay maintenance to my children if I do not see them or my spouse/ex-spouse refuses to let me see them?

Yes, you will still have to pay maintenance for your children, even if you do not see them or if your spouse/ex-spouse refuses to let you see them. Seeing your children is a separate issue from supporting or maintaining them. If you wish to see your children, but are experiencing problems with your spouse/ex-spouse, then you may wish to make the appropriate application in court.

The court has ordered me to pay maintenance for my child. For how long must I pay the maintenance?

You can stop paying maintenance after your child's 21st birthday, unless the maintenance order states that the order is to continue for a period ending after your child's 21st birthday. In addition, if your child is able to support himself before he turns 21 years old (for example, he starts working before 21 years old), you may apply to the court to rescind the order on the ground that he no longer needs maintenance from you