- Assets acquired during the marriage by either spouse are generally matrimonial assets.
- Gifts and inheritances are usually excluded, unless they became the matrimonial home or were substantially improved during the marriage.
- The court weighs direct financial contributions and indirect contributions such as homemaking and childcare.
- An HDB flat can be sold, transferred to an eligible spouse, or in some cases surrendered to HDB.
What counts as a matrimonial asset
Under the Women's Charter, matrimonial assets generally include:
- anything acquired during the marriage by one or both spouses, whoever's name it is in
- assets acquired before the marriage that the family ordinarily used or enjoyed, such as a home lived in as the matrimonial home
- assets acquired before the marriage that were substantially improved during the marriage by the other spouse or by both
Gifts and inheritances are usually excluded, unless they were used as the matrimonial home or substantially improved during the marriage. Typical matrimonial assets include the home, CPF monies, bank accounts, shares and investments, insurance policies with a cash value, and cars. Assets are generally valued at around the time of the ancillary matters hearing, not at the date of separation.
How the court divides them
The court's task is to divide the pool in a just and equitable way. It considers all the circumstances, including:
- each spouse's direct financial contributions to acquiring or improving the assets
- indirect contributions to the welfare of the family, such as looking after the home and children, or supporting the other spouse's career
- debts taken on for the family's benefit
- the needs of the children
- any agreement between the spouses about dividing the assets
- the factors relevant to maintenance, such as income, needs and the length of the marriage
The structured approach
In marriages where both spouses earned an income, the courts commonly use a structured approach set out by the Court of Appeal. The court gives a ratio for each spouse's direct financial contributions, then a ratio for their indirect contributions, averages the two, and adjusts the result if other factors justify it. The courts have stressed that this is a broad judgment, not an exact accounting exercise.
In long marriages where only one spouse earned an income, the courts have said this approach is not suitable and have tended towards an equal division. In shorter marriages, direct financial contributions tend to carry more weight.
The HDB flat
For many families the HDB flat is the main asset. Spouses can agree what happens to it, and the agreement is recorded in a court order. If they can't agree, the court decides. The usual options are:
- sell the flat on the open market and divide the proceeds, after repaying the loan and refunding CPF monies used
- transfer one spouse's share to the other, if that spouse is eligible to own the flat on their own
- surrender the flat to HDB, for example where it has not met the Minimum Occupation Period and HDB does not allow an early sale
A spouse who keeps the flat must meet HDB's eligibility rules, for example by having care and control of the children, or by qualifying as a single Singapore Citizen of at least 35. They must usually also be able to take over or refinance the loan on their own income, and the order should deal with CPF refunds to the outgoing spouse. If CPF is not fully refunded on a transfer, the spouse who keeps the flat may have to make the refund when the flat is eventually sold. HDB's approval is needed, so check eligibility before agreeing terms.
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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