Spousal Maintenance - Yeo & Associates LLC

Alimony in Singapore BOOK FIXED FEE SPOUSAL MAINTENANCE PACKAGE

Under Section 69 of the Women’s Charter, spouses in Singapore have the right to claim alimony after divorce, or even during matrimonial proceedings. Our experienced family lawyers help you understand your rights and secure fair spousal maintenance arrangements.

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When Is a Husband Considered Incapacitated for Maintenance Purposes?

A husband may be eligible for alimony in Singapore if he meets these criteria:

• Physical or mental disability that occurred before or during marriage
• Unable to earn a living due to the disability
• Cannot maintain themselves financially.

Providing Medical Evidence to Prove Incapacity

To support an incapacity claim for alimony in Singapore, you must provide:

• Medical reports from licensed healthcare providers
• Documentation of the disability’s impact on earning capacity
• Evidence of ongoing treatment and prognosis.

Payment Methods for Alimony or Spousal Maintenance

In Singapore, alimony payments after divorce are structured by the Family Court in 2 main forms:

• Monthly Payments: Regular fixed amounts paid each month.
• Lump Sum Payment: One-time settlement covering the total maintenance obligation.

How the Court Determines the Type of Alimony Payment

When determining alimony in Singapore, the court carefully evaluates several factors:

• Financial stability of both parties
• Income streams and employment status
• Asset liquidity
• Practical considerations for payment enforcement.

How the Court Determines the Amount of Alimony or Spousal Maintenance

The court examines these key factors to calculate fair alimony payments in Singapore:

• Financial needs of the receiving spouse
• Income and earning capacity of both parties
• Age and health conditions
• Standard of living during marriage
• Marriage duration
• Contributions to family welfare
• Future financial obligations.

What Is Nominal S$1 Spousal Maintenance?

Nominal maintenance of S$1 serves as a legal mechanism to preserve future rights to claim alimony after divorce. However, recent court decisions (2025) have established that:

• It’s not automatically granted to all ex-wives
• The receiving spouse must prove potential future need
• Courts prefer clean breaks when the receiving spouse is financially independent.

Adultery and Its Impact on Alimony Claims in Singapore

Under Singapore family law, adultery cases require careful handling when determining maintenance orders. Recent family law adultery precedents show that courts take a holistic approach in such situations.

Key considerations in adultery-related alimony cases:

• Courts evaluate the overall conduct of parties during marriage
• Infidelity may influence maintenance quantum
• Recent cases focus on financial impact rather than moral judgment
• Evidence must be properly documented and presented.

Step-by-Step Guide to Filing for Alimony in Singapore

Understanding how to file for alimony in Singapore doesn’t have to be overwhelming. Our family lawyers can guide you through this straightforward 5-step process to secure your financial future. Here’s what you need to know:

Step 1 – Submit Your Alimony Application via iFAMS or In-Person

• Create account on Integrated Family Application Management System (iFAMS)
• Prepare required documents and financial information
• Complete online application form.

Step 2 – Affirming Your Alimony Application Before a Judge

• Attend court personally
• Swear/affirm the truth of your application
• Receive first mention date.

Step 3 – Court Mention: Your Spouse’s Response to the Application

• Both parties must attend
• Spouse states position on maintenance
• Court records initial response.

Step 4 – Consent Order or Mediation Depending on Spouse’s Response

1. If your spouse agrees:
   • Court records consent order
   • Payment terms finalized
   • Implementation timeline set.
2. If your spouse disagrees:
   • Court refers case to mediation
   • Professional mediator assists negotiations
   • Opportunity to reach amicable settlement.

Step 5 – When There’s No Agreement: Court Trial to Decide Alimony

When mediation fails:

• Trial date set
• Evidence presented
• Judge makes final decision.

Legal Consequences of Failing to Pay Alimony

Non-payment of court-ordered alimony in Singapore can result in:

• Fines
• Imprisonment up to one month per unpaid month
• Bank account garnishment
• Mandatory financial counselling
• Community service orders
• Negative credit bureau reporting.

Duration and Expiry of Maintenance Obligations

Alimony obligations after divorce typically continue until:

• Receiving spouse remarries
• Either party passes away
• Court varies or terminates the order
• Specified end date in the order.

Can Bankruptcy Release You from Maintenance Payments?

No, bankruptcy does not release you from your obligation to pay spousal maintenance or alimony in Singapore. Maintenance orders remain fully enforceable even after bankruptcy declaration.

Here’s what you need to know:

• Maintenance debts cannot be written off through bankruptcy
• The Women’s Charter protects maintenance rights regardless of bankruptcy status
• You must continue paying maintenance even while bankrupt
• Declaring bankruptcy (costing S$3,500 to S$8,500) will not help avoid payments.

Navigating Alimony in Singapore Family Law

Securing fair maintenance requires understanding your rights and the legal process. Here are the essential points to remember:

• Alimony claim in Singapore isn’t automatic—you must prove eligibility and financial needs
• Courts consider multiple factors including marriage length, standard of living, and earning capacity
• Nominal S$1 maintenance is no longer automatically granted; courts prefer clean breaks where possible
• Adultery can impact maintenance quantum but isn’t the sole determining factor
• Bankruptcy cannot be used to escape maintenance obligations
• Enforcement options are robust, including imprisonment for non-payment
• Court orders can be varied if circumstances change significantly.

Understanding Your Next Steps

• Document your financial needs thoroughly
• Gather evidence of marriage lifestyle and contributions
• Consider mediation before proceeding to trial
• Act promptly as delays may affect your rights
• Seek professional legal guidance early.

At Yeo & Associates LLC, we offer:

• Experienced family law specialists
• Fixed-fee consultation packages
• Proven track record in maintenance cases
• Strategic legal guidance
• Efficient case management.

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Frequently Asked Questions

Can alimony be modified or stopped after a certain period?

Yes, orders for alimony in Singapore can be varied if there are material changes in circumstances, such as significant income changes or retirement.

Can a wife apply for alimony if the husband is unemployed but able to work?

Courts consider earning capacity, not just current income. If unemployment is voluntary, the court may impute potential income.

Does the length of the marriage affect the amount or duration of alimony?

Yes, marriage duration is a key factor. Longer marriages typically result in more substantial alimony after divorce.

What happens to alimony if either spouse remarries?

Alimony obligations after divorce automatically terminate when the receiving spouse remarries.

Can alimony orders be enforced if the paying spouse lives overseas?

Yes, through reciprocal enforcement agreements with many countries, though procedures vary by jurisdiction.

How does cohabitation or living with a new partner affect alimony claims?

While not automatic, cohabitation may influence maintenance variations if it affects financial needs.

Can alimony claims be made during divorce proceedings or only after the divorce?

Claims can be made during divorce proceedings or as standalone applications under Section 69 of the Women’s Charter.

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