What is Alimony?
Alimony, commonly known as maintenance of ex-spouse in Singapore, is the amount of financial support ordered by the Court to maintain an ex-spouse upon divorce.
The primary aim of alimony has been described as “the principle of financial preservation”. The Court makes the order to help the ex-spouse having lower income, to overcome transitional difficulties caused by the termination of the marriage. This ensures that the ex-spouse is financially provided to continue to live the level (or near to the level) she was accustomed to during the marriage, but of course this is subject to the payer’s circumstances.
What Do Maintenance Orders in Singapore Entail?
A spousal maintenance order in Singapore, as issued by the Family Justice Courts of Singapore upon a divorce, would specify the amount of financial support payable to the ex-spouse.
These orders are tailored to each divorce case, with the Court having regard to various circumstances of the marriage, to ensure the order given is fair and appropriate.
Spousal maintenance orders may be given in different ways such as:
- Lump Sum: A one-time payment, in which once the ex-spouse is paid this payment, she will no longer be able to request for more monies from the paying spouse. However, the payer spouse must of course have the financial means to make the one-time payment.
- Periodic or Monthly Payments: Regular monthly payments will be paid to the ex-spouse. After the divorce is over, the amount of monthly payment can be increased or reduced if the payer or the ex-spouse chooses to apply to the Court for a change of the amount by citing valid reasons for the proposed increase or reduction.
- Nominal $1 Maintenance: In the past, the Court often awarded ex-spouses with the nominal monthly $1 maintenance to preserve their rights to claim for higher spousal maintenance in the future when their financial situation calls for it. However, after the Singapore Court of Appeal case of ATE v ATD in 2016, ex-spouses no longer have this “automatic” right to claim for the nominal $1 maintenance, if she has the financial means to support herself at the time of divorce.
Eligibility for Spousal Maintenance
The Court considers various factors before deciding what financial amount is to be awarded to the ex-spouse.
It’s important to note that ex-spousal maintenance is not granted as of right.
Under Section 114 of the Women’s Charter (which is the relevant statute applicable), the Court considers several factors before deciding, including (but not limited to):
Income, Earning Capacity, and Financial Affairs:
- Current and foreseeable future income and financial resources of each party.
Financial Needs, Obligations, and Responsibilities:
- Current and foreseeable future financial needs and responsibilities of each party.
Standard of Living:
- The lifestyle enjoyed by the family before the divorce.
Duration of Marriage and Age:
- Length of the marriage and the age of each party.
Physical and Mental Abilities:
- The physical and mental health of each party.
Contributions to the Marriage:
- Contributions made by each party to the welfare of the family.
Loss of Benefits:
- The value of any monetary benefits lost due to the divorce, such as pensions.
These factors underscore the Court’s commitment to issuing fair and balanced maintenance orders that address the unique circumstances of each case.
Frequently Asked Questions about Ailmony
How long must maintenance/alimony be paid in Singapore?
The order for ex-spouse maintenance granted by the Court would specify the duration. In event the duration is not specified, and the order is a periodic monthly maintenance, generally, the maintenance must continue to be paid until the recipient ex-spouse remarries, until the order is varied or suspended by the same Court or until either party dies.
Are men entitled to alimony in Singapore?
Yes, after the Women’s Charter was revised in 2016, an ex-wife can be ordered to maintain her ex-husband if the ex-husband suffered from a physical or mental disability or illness during the marriage which would continue to prevent him from earning a livelihood and maintain himself after the divorce.
What can happen to me if I refuse to pay alimony to my ex-spouse in Singapore?
Your ex-spouse can enforce the order for maintenance against you in Court. The punishment for deliberately not paying maintenance is serious. The Court can impose a sentence of imprisonment for a term of up to one month for each month of unpaid maintenance. The imprisonment sentence does not affect or reduce the obligation of the payer spouse to pay the maintenance order. In the event you are unable to continue paying the ordered maintenance sum to your ex-spouse, it is advisable to engage a lawyer to apply to the Court for a variation order to reduce or suspend the maintenance amount. The variation application will need to be accompanied by supporting documents showing your reduced income or increased financial expenses.
What happens if an ex-husband refuses to pay?
If an ex-husband refuses to pay, the ex-wife may apply to the Family Justice Courts for enforcement. The application can be made by the ex-wife without the need to engage a lawyer. The ex-wife will need to provide documentary proof to the Court that the maintenance payments have been unpaid. The Court has powers to make certain orders against the ex-husband to ensure future compliance.
Photo by Christian Lue
PKNG is helmed by Ng Pui Khim. An experienced divorce lawyer in Singapore, Pui Khim is practicing as a director under Gateway Law Corporation.
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