Singapore Women's Charter Alimony

In the legal landscape of Singapore, the Woman Charter Alimony serves as a cornerstone for ensuring financial stability and support post-marriage. Governed by Section 69 of the Women’s Charter, this provision outlines the framework for spousal maintenance, catering to the needs of wives, former wives, and incapacitated husbands. However, entitlement to such support isn't automatic and entails a thorough examination of circumstances and legal procedures to ensure equitable outcomes.

Singapore Women's Charter Alimony

Spousal Maintenance

In Singapore, under section 69 of the Women’s Charter, provisions are made for the payment of maintenance to a wife, former wife, or incapacitated husband. This support is granted during matrimonial proceedings or post-divorce, contingent upon demonstrating that the spouse has neglected or refused to provide reasonable maintenance. It's crucial to note that entitlement to wife’s maintenance isn't automatic.

Definition of Incapacitated Husbands

• Incapacitated due to physical or mental disability, occurring before or during marriage.
• Unable to earn a livelihood due to the disability.
• Incapable of self-support.

Payment Methods

The Maintenance Order may be structured as:

• Monthly payments
• Lump sum

Quantum of Maintenance

Contrary to popular belief, not all women are guaranteed financial support from their husbands, nor does the Women’s Charter exclusively safeguard women.

If a wife is capable of earning her own income, possibly exceeding her spouse's, the court might hesitate to award maintenance unless exceptional circumstances are proven. For instance, a career-oriented mother with a special needs child requiring her care might be granted nominal maintenance, like S$1, to preserve her right to claim further support if she must resign to attend to the child.

The court considers various factors, including:

• Financial needs of the wife or incapacitated husband
• Income and earning capacity of both parties
• Age of the parties
• Property and financial resources of the parties
• Future financial needs, obligations, and responsibilities (both parties)
• Standard of living during the marriage
• Age of the parties and the duration of the marriage
• Contributions to family and childcare
• Physical or mental disabilities of the wife or incapacitated husband.

Each case is examined comprehensively to ensure fair and just maintenance arrangements are made, keeping in mind the circumstances and needs of all parties involved.

Nominal S$1 Maintenance

It is a myth that maintenance should cost at least S$1. The ex-wife who is capable of supporting herself will not receive any maintenance, not even S$1, according to the Court's clarification. A clean split from her ex-husband is desired because he cannot be viewed as insurance for her future.

Process at the Family Justice Courts

Prior to the start of the divorce process

You are not considering divorcing your partner at this time, nor do you want to. But because your spouse has neglected you or refused to provide you with appropriate financial assistance, you would like to obtain a Maintenance Order (MSS Order) against them to force them to pay for your maintenance.

Step 1 

You may submit a draft application online with your SingPass via iFAMS (Integrated Family Application Management Systems) or personally attend at the Family Justice Court’s Maintenance Registry at level one (1), if you wish to handle the matter on your own without legal advice. The officers and court staff are not able to provide any forms of legal advice for you. Many applicants utilized iFAMS to generate the application forms and prepare the requisite documents before they head down to MSS Court.

Step 2 

You are to personally appear in MSS Court for to affirm or swear that you are truthful in your application in the presence of a judge. If you wish to attend by video conferencing, special arrangement has to be made. The judge will fix a date for first court mention for you and your spouse to attend.

Step 3

On the day of the court mention, the court officer will read the application to your spouse where he/she is to reply whether he/she agrees to your application or not. If your spouse fails to turn up on the day, the court will issue a warrant of arrest. if you fail to turn up on the day, the court will dismiss your application on the spot.

Step 4 (a) 

If your spouse agrees to your application, the court will record a consent order immediately.

Step 4 (b) 

If your spouse does not agree to your application, the judge may send parties to attend a mediation with a court officer. The mediation may be on the same day or fixed for some other days. The length of the mediation depends on the progress of the parties’ discussion. You may choose to mediate with your spouse and accept whatever amount he/she is willing to provide for quick closure of the matter. If the mediation works, the judge will record a consent order.

Step 5 

If parties cannot reach a settlement, the judge will direct the matter to be sent for trial for the judge to determine the exact amount to award.

Family lawyers are usually engaged when the applicants encountered difficulty in the process or when the other spouse engage a lawyer to fight.

At ACC Law our Lawyers will do the following

1. Assess the case for client on all the circumstances surrounding the application
2. Dispense legal advice on what to prepare
3. Draft the full set of documents professionally, which may include reply affidavit
4. Attend court with and on behalf of client
5. if the Respondent spouse object to payment or the quantum of maintenance, prepare all trial papers and attend court trial including argument and cross-examination of your spouse in open court (in camera).

During a divorce proceeding

You are currently navigating your divorce application against your spouse, and there are disputes over some or all of the divorce and ancillary issues. Months have passed, awaiting mediation or trial. Meanwhile, your spouse has intentionally ceased or reduced payments towards you and the household. You can seek an Interim Maintenance Order (IMO) against your spouse to compel regular payments, as they have neglected or refused reasonable financial support to the family until a final order is obtained from the divorce court on all matters.

Once a divorce proceeding begins, spousal maintenance, along with ancillary matters such as child custody and asset division, will be decided in court. These determinations will be documented in the Interim Judgment Court Order and the Final Judgment for Divorce.

After obtaining a divorce order

You may apply to modify the original court order to seek increased financial support for yourself. While similar principles for awarding financial support are considered, such as those outlined in sections 69 and 114 of the Women’s Charter, you must demonstrate material changes in circumstances to persuade the judge to adjust the maintenance amount. Merely stating increased expenses is insufficient; you must provide compelling evidence of significant changes.

Consequences on Non-Payment of Maintenance

Consequences on Non-Payment of Maintenance

The obligation to pay spousal support, as ordered by the court, cannot be evaded by claiming financial hardship or loss of employment. If the paying party fails to fulfill their obligation under the Maintenance of Spouse and Children (MSS) Order, the receiving party has the right to file a complaint with the MSS court. Unless the paying party can provide valid reasons for non-payment, the court may enforce the order against them.

Legal Consequences

Section 71 of the Women’s Charter outlines the consequences of non-payment, which may include:

• Fine: Monetary penalty imposed on the non-paying party.
• Imprisonment: The court may sentence the non-paying party to a term not exceeding one month for each month's unpaid maintenance.
• Garnishing of Bank Accounts: Direct deduction of maintenance from the non-paying party's bank account(s).
• Furnishing Banker’s Guarantee: Providing a guarantee from a bank to ensure future payments.
• Financial Counselling: Mandatory counseling sessions to address financial management issues.
• Community Service: Non-paying party may be required to perform up to 40 hours of community service.
• Credit Rating: Reporting to a designated credit bureau, potentially resulting in a negative credit rating.

The aforementioned has a punitive effect unless the outstanding balances are settled. This implies that the outstanding money is still due even after the fine associated with serving the jail sentence has been paid.

In the event that the Paying Party desires to settle the arrears but is incapable of doing so in one single sum (sometimes because the arrears have accumulated over several months or even years), the Court may mandate that the arrears be repaid to the Receiving Party on a monthly basis. The MSS Court now has a tendency to order a minimal monthly installment for a comparatively big amount of arrears.

Is there a cut-off date to pay maintenance?

Section 72 of the Women’s Charter allows for the rescission or cancellation of the MSS Order due to changes in circumstances or parties involved. For example, if the paying party becomes unemployed due to health reasons, the court may consider adjusting the maintenance order.

Additionally, the MSS Order automatically lapses if the receiving spouse remarries.

Bankruptcy and Maintenance

Contrary to popular belief, bankruptcy does not absolve a parent from their obligation to pay maintenance to their children. While bankruptcy may influence the amount of maintenance payable, the obligation persists. Furthermore, filing for bankruptcy incurs its own costs, ranging from S$3500 to $8500.

For further information, please contact ACC Law for more detailed information at:

• Hotline: 19003330

• Mobile: 084.696.7979

• Zalo: ACC Law Firm

• Office: (028) 777.00.888

• Mail: [email protected]

At Main Office: Ho Chi Minh City: 39 Hoang Viet, Ward 04, Tan Binh District, City. Ho Chi Minh.

Or other branches of ACC Law:

• Da Nang: 432 Nguyen Tri Phuong, Hoa Thuan Tay Ward, Hai Chau District, Da Nang City

• Hanoi: 8th Floor, 18 Khuc Thua Du, Dich Vong Ward, Cau Giay District, Hanoi City

• Binh Duong: 121 Tran Binh Trong Street, ward. Phu Tho, Thu Dau Mot City, Binh Duong

• Dong Nai: 45 Dong Khoi, Group 41, Quarter 8, Tan Phong Ward, City. Bien Hoa Dong Nai

FAQ - Frequently Asked Questions

1. What is a contract violation?

   Answer: In the realm of civil law, a contract violation refers to the act of not adhering to the terms agreed upon by the parties involved. This can stem from various reasons, including the actions of the contracting parties or violations of legal provisions during contract formation and execution. In this article, we'll explore common types of violations, imposed penalties, and liability for damages, while also delving into cases of exemption from liability.

2. What are the common types of contract violations?

   Answer: Understanding the concept of "contract violation" is crucial for parties entering into agreements to prevent and resolve any issues that may arise during contract execution. There are various behaviors that can lead to contract violations, classified based on the reasons behind the violation:

   • Arising from the actions of contracting parties.
   • Arising from violations of legal provisions during contract formation and execution.

3. How are contract violations penalized?

   Answer: Contract violations are a common reality in business and legal environments, often leading to complex disputes between contract parties. To uphold fairness and compliance, measures for penalties and compensation have been established to ensure that the party committing the violation is held accountable.

4. What are the cases of exemption for the party violating the commercial contract?

   Answer: Cases of exemption for parties violating commercial contracts are regulated in Section 1, Article 294 of the Commercial Law 2005:

   • Parties are exempt from liability when agreed upon by both parties.
   • Force majeure events occur.
   • The violation is entirely the fault of the other party.
   • The violation is due to the execution of a decision by a competent state management agency that the parties could not have known at the time of contract formation.