How does spousal and child maintenance work in Singapore?

Both parents support the children

Under Singapore law, both parents must maintain their children, regardless of the custody arrangements. In practice, the parent the children do not mainly live with usually makes payments to the parent who has their day-to-day care.

Maintenance covers the child's reasonable needs, such as food, clothing, housing, education and medical costs.

How child maintenance is worked out

There is no standard formula. The court looks at the child's reasonable expenses, and the parent asking for maintenance should explain each item and back it up with evidence such as receipts or estimates. Discretionary or luxury items may not be allowed unless they match the standard of living the child is used to.

The court then considers what each parent can afford and divides the cost fairly between them. A parent who earns more may be asked to pay a larger share.

How long child maintenance lasts

Child maintenance generally lasts until the child turns 21, and an order usually stops at that age unless it says otherwise. The court can order maintenance beyond 21 in some situations, for example where the child is serving national service, is in full-time study, or has a physical or mental disability.

Spousal maintenance

The court can order a man to pay maintenance to his wife or former wife, during divorce proceedings or after the divorce. A wife can also be ordered to maintain a husband who is incapacitated by a physical or mental disability and cannot support himself.

Spousal maintenance is not automatic. The court first asks whether there is a real need. A spouse who is self-sufficient or earns well may receive little or nothing, and a large share of the matrimonial assets can also reduce the amount. The aim is to avoid hardship, not to create lifelong dependency, and the receiving spouse is generally expected to work where they can. Maintenance for a former wife ends if she remarries.

Factors the court weighs include:

• Each spouse's income and earning capacity, now and in the foreseeable future.
• Each spouse's financial needs and obligations.
• The standard of living the family enjoyed before the marriage broke down.
• The ages of the spouses and how long the marriage lasted.
• Each spouse's contributions to the family, including homemaking and childcare.

Monthly payments or a lump sum

Maintenance can be ordered as regular payments or as a lump sum. A lump sum allows a clean break between the spouses, where the paying spouse can afford it. Orders can also take other forms, such as reimbursing particular expenses or paying a provider like a childcare centre directly.

Before the divorce is final

If a spouse stops supporting the family, the other can apply for interim maintenance before or during the divorce. The applicant must show that the other spouse has neglected or refused to provide reasonable maintenance, and that there is a clear need for an order. Interim orders are usually modest, set on a broad-brush basis to tide the family over until the court can look at the finances fully.

Changing or enforcing an order

Either side can ask the court to vary an order if there is a material change in circumstances, such as a job loss or the receiving spouse becoming financially independent. Credible evidence of the change is needed.

If payments are not made, the receiving party can apply to the Family Justice Courts to enforce the order. Since 16 January 2025, eligible enforcement cases are referred to the Maintenance Enforcement Division in the Ministry of Law, whose officers can conciliate between the parties and obtain financial information, including from banks and public agencies.