Alimony, commonly known as spousal maintenance, refers to financial support provided by one spouse to the other after divorce or separation. In Singapore, alimony is governed by the Women’s Charter and is designed to ensure that a spouse who may be economically disadvantaged after the dissolution of a marriage is supported financially.
Alimony in Singapore: An Overview
In Singapore, the courts have the discretion to grant alimony based on various factors, but the aim is always to achieve a fair and just outcome. Unlike child maintenance, which is obligatory to support minor children, alimony is based on the needs of the spouse and their financial circumstances following a divorce. Alimony may be ordered whether the marriage was short-term or long-term, depending on the individual circumstances.
Who is Eligible for Alimony in Singapore?
Alimony is typically awarded to a spouse who is unable to financially support themselves after the divorce. It is not automatically granted to either party, but the court will assess the requesting spouse’s need for financial support. Factors such as the following are considered:
- Financial Needs of the Spouse – The requesting spouse’s financial needs, including whether they are able to support themselves after the divorce, will be taken into account.
- The Length of the Marriage – A longer marriage may increase the likelihood of alimony being granted, particularly if the requesting spouse had sacrificed their career or education to care for the family or household.
- Standard of Living During Marriage – Courts consider the standard of living during the marriage when determining the level of alimony, particularly if one spouse is accustomed to a higher lifestyle.
- Age and Health – A spouse who is older or in poor health may have greater need for alimony if they are unable to work and support themselves post-divorce.
- Contributions to the Marriage – Contributions made by the spouse to the family’s welfare (including homemaking and child-rearing) will also be considered. The court recognizes that such contributions have significant value, even though they may not have been financial in nature.
- Financial Capacity of the Paying Spouse – The ability of the paying spouse to provide financial support is a key consideration. The court will look at the paying spouse’s income, assets, and financial obligations.
Types of Alimony in Singapore
Alimony in Singapore can take two main forms: periodical payments and lump-sum payments.
- Periodical Payments – This is the more common form of alimony, where the paying spouse makes regular payments to the recipient spouse, typically monthly. This arrangement can continue for a set period or until the recipient spouse remarries or is no longer in need of support.
- Lump-Sum Payments – In some cases, a one-time lump sum payment may be ordered by the court instead of ongoing periodical payments. A lump-sum payment might be considered when it’s clear that the recipient spouse can manage with a one-off payment and when both parties agree to it.
Duration of Alimony Payments
Alimony in Singapore can either be temporary or permanent, depending on the specific circumstances of the case.
Temporary Alimony – This is typically granted during divorce proceedings and lasts until the divorce is finalized or the financial settlement is reached.
Permanent Alimony – Permanent alimony is more rare and typically only granted in cases where the spouse requesting alimony is unable to support themselves due to long-term issues like age, health, or the inability to find suitable employment. Permanent alimony may continue until the recipient spouse remarries, or until there is a significant change in circumstances.
Can Alimony Be Modified or Terminated?
Yes, alimony orders can be modified or terminated under specific circumstances. For example, if the recipient spouse remarries or becomes financially independent, the paying spouse may seek to have the alimony order varied or canceled. On the other hand, if the paying spouse’s financial situation changes significantly (e.g., they lose their job or become seriously ill), they may request a reduction in the alimony payments.
Alimony payments may also be terminated if the recipient spouse engages in conduct deemed to be contrary to the original purpose of the award, such as cohabiting with another person or living a lavish lifestyle despite the award.
Factors That Affect the Amount of Alimony
The amount of alimony awarded will vary significantly depending on the unique circumstances of the divorce. Some of the factors considered when determining the amount of alimony include:
- The financial needs and earning capacity of the requesting spouse
- The standard of living during the marriage
- The paying spouse’s ability to pay, taking into account their income, assets, and financial obligations
- The duration of the marriage and the contributions made by each spouse
- The age and health of both spouses
The Role of Mediation in Alimony
While the court has the final say on alimony matters, the parties are encouraged to attempt mediation as a means of resolving disputes. Mediation allows both parties to negotiate and reach a mutually agreeable settlement on alimony, child custody, and other matters. Mediation is often faster and less costly than going to court and gives the parties more control over the outcome.
Conclusion
Alimony in Singapore is designed to provide financial support to a spouse who is unable to support themselves after a divorce, based on the circumstances of the marriage and the divorce. It is not guaranteed and must be proven by the requesting spouse who must show a genuine need for support. Whether in the form of periodical payments or a lump sum, the goal is to ensure fairness and a reasonable standard of living for both parties after the dissolution of the marriage.
