Women’s Charter 1961 - Singapore Statutes Online

Power of court to order maintenance

113.—(1) The court may order a man to pay maintenance to his wife or former wife, or order a woman to pay maintenance to her incapacitated husband or incapacitated former husband —

(a)	during the course of any matrimonial proceedings; or
(b)	when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage. [7/2016]

(2) The court may make an order under this section regardless when the marriage was solemnised, whether before, on or after 1 July 2016.

[7/2016]

Assessment of maintenance

114.—(1) In determining the amount of any maintenance to be paid by a man to his wife or former wife, or by a woman to her incapacitated husband or incapacitated former husband, the court must have regard to all the circumstances of the case including the following matters:

(a)	the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b)	the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c)	the standard of living enjoyed by the family before the breakdown of the marriage;
(d)	the age of each party to the marriage and the duration of the marriage;
(e)	any physical or mental disability of either of the parties to the marriage;
(f)	the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and
(g)	in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring. [7/2016]

(2) In exercising its powers under this section, the court is to endeavour to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other.

Power of court to order security for maintenance

115.—(1) A maintenance order may provide for the payment of a lump sum or such periodical payment as the court may determine.

(2) The court may, when awarding maintenance, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay the maintenance or part thereof out of the income from that property and, subject thereto, in trust for the settlor.

Compounding of maintenance

116. An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, is not effective until it has been approved, or approved subject to conditions, by the court, but when so approved is a good defence to any claim for maintenance.

Duration of orders for maintenance

117. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, an order for maintenance expires —

(a)

if the maintenance was unsecured —

(i)	on the death of either spouse or former spouse;
(ii)	in the case of maintenance payable to a former wife — upon her remarriage; or
(iii)	in the case of maintenance payable to an incapacitated former husband — upon his remarriage; or

(b)

if the maintenance was secured —

(i)	in the case of maintenance payable to a wife — on her death;
(ii)	in the case of maintenance payable to a former wife — on her death or upon her remarriage;
(iii)	in the case of maintenance payable to an incapacitated husband — on his death; or
(iv)	in the case of maintenance payable to an incapacitated former husband — on his death or upon his remarriage. [7/2016]

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