- Matrimonial assets include assets acquired during the marriage, and some assets from before it that the family used or that were substantially improved.
- Gifts and inheritances are generally kept out of the pool unless they were substantially improved during the marriage.
- The court divides the pool in whatever proportion it finds just and equitable.
- Homemaking and caring for the family are given weight alongside financial contributions.
- The courts take a broad-brush view and have warned against treating the exercise as a precise calculation.
What counts as a matrimonial asset
The first step is to work out which assets go into the pool to be divided. Under the Women's Charter, matrimonial assets include:
- Assets acquired by either or both spouses during the marriage.
- Assets one spouse owned before the marriage that the family ordinarily used or enjoyed while living together, for example as a home or for transport.
- Assets from before the marriage that were substantially improved during it.
Common examples are the matrimonial home, CPF balances, bank accounts, shares, investments, insurance policies and businesses. A flat used as the family home can be a matrimonial asset even if it is in one spouse's sole name.
Assets received by one spouse as a gift or inheritance are generally excluded, unless they were substantially improved during the marriage. A spouse who wants an asset left out on this basis has to prove how it was acquired.
How the court divides the pool
If the spouses cannot agree, the court values the pool and divides it in the proportion it considers just and equitable. In many cases it follows the structured approach set out by the Court of Appeal in ANJ v ANK:
- Work out a ratio for each spouse's direct financial contributions to acquiring or improving the assets.
- Work out a second ratio for each spouse's indirect contributions to the family, such as looking after the home and children, or supporting the other spouse's work.
- Take the average of the two ratios.
- Adjust that average for other relevant factors, to reach a just and equitable result.
Homemaking counts
The law treats caring for the home and family as a contribution in its own right, set alongside contributions in money or property. A spouse who earned less, or nothing, while running the household and raising the children is not simply left with what they paid for.
In long marriages where only one spouse earned an income, the Court of Appeal in TNL v TNK said the structured approach should not be used, and that the courts will generally tend towards an equal division. Even so, the outcome depends on the facts of each case.
Not an accounting exercise
The courts use a broad brush. Where records are incomplete, the court makes approximations from the evidence available. In UYQ v UYP, the Court of Appeal warned against applying the structured approach in a rigid or overly arithmetical way, and against flooding the court with detail about every transaction over a long marriage. In extreme cases, a party who does this can face costs orders.
What the court does require is full and frank disclosure. Each spouse files an affidavit of assets and means, with supporting documents, and can ask the court to order the other to disclose more.
Other factors the court weighs
When adjusting the ratio, the court can consider matters listed in the Women's Charter. These include debts taken on for the couple's joint benefit or for a child, the needs of the children, and any agreement between the spouses about owning or dividing their assets. The division of assets and any maintenance order are looked at together.
Spouses can also agree on the division themselves, including in mediation, and have the terms recorded as a court order.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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