By Chong Xin Yi (Liesel), Head of Dispute Resolution Practice
If you’re considering a divorce in Singapore, one of the biggest concerns you may face is how matrimonial assets will be divided. This process can feel overwhelming, especially when each party’s contributions aren’t always financial or easy to quantify.
In this article, we explain how Singapore courts approach the division of assets and what factors influence their decisions.
When Does the Division of Assets Happen?
The division of matrimonial assets usually takes place during the ancillary matters stage—this follows the grant of the Interim Judgment of Divorce. Final judgment can only be issued once these matters are settled.
If no ancillary relief is claimed in the application for divorce, different legal procedures apply based on the Family Justice Rules (FJR) in force.
What Qualifies as a Matrimonial Asset?
Under Section 112(10) of the Women’s Charter, the pool of matrimonial assets may include:
- Assets acquired by either party during the marriage, whether in sole or joint names.
- Premarital assets that were ordinarily used by the family or substantially improved.
- Gifts or inheritances that were substantially improved or used as the matrimonial home
Key Dates That Affect Asset Division
The general starting point for the scope of the matrimonial asset pool is typically determined as of the Interim Judgment date. This ensures that any financial decisions or asset movements made after this date do not unfairly affect the division.
Even if a couple has lived apart for years, the court generally sees the marriage as legally intact until Interim Judgment is granted. In WJZ v WJY [2024], for example, the couple was separated for 12 of their 27 years of marriage, yet the wife was awarded 48% of the total assets.
What Happens If a Spouse Spends Money After Separation?
If one party spends or transfers significant assets after divorce proceedings begin—but before division is finalised—the court may still include the amount in the asset pool. This applies even if the money was spent on children or relatives, unless there was a clear agreement from the other spouse.
Valuing the Assets: When and How?
Most assets are valued at the date of the ancillary matters hearing, with a few exceptions:
- Bank and CPF accounts are typically valued at the Interim Judgment date.
- Shares or property or other assets may have different valuation dates depending on the situation
How Are the Assets Divided?
Under Section 112(1) of the Women’s Charter, the court divides matrimonial assets in proportions it considers “just and equitable.” That doesn’t necessarily mean an equal 50:50 split.
Dual-Income Marriages
The structured approach (from ANJ v ANK) is used when both spouses contributed financially. This includes:
- Direct contributions: e.g., mortgage repayments
- Indirect contributions: e.g., payments for expenses, household management, caregiving
The court then adjusts the share based on context, such as the length of marriage and career sacrifices.
Single-Income Marriages
Where one spouse is the sole breadwinner whilst the other spouse is a homemaker.
Court decisions suggest:
- Short marriages (below 10 years): Homemaker spouse is likely to receive a share from 5% to 25%.
- Moderate length marriage (between 10-15 years): Percentage awarded is between 25% to 35%.
- Moderately long marrriage (15-18 years): Percentage awarded is between 35% to 40%.
- Long marriages (18-25 years): Percentage awarded is between 35% to 45%.
- Extremely Long marriage (from 26 years: Courts often lean towards a 50:50 division.
These are only guidelines, though. Courts rely more on the facts and circumstances of each case than on labels.
Key Takeaways
- Matrimonial assets include property, savings, investments, and even some gifts or inheritances—depending on how they were used during the marriage.
- The operative date to determine the asset pool is usually the date of Interim Judgment.
- Assets are generally valued at the ancillary hearing, with exceptions like bank and CPF accounts (valued at Interim Judgment).
- The court uses different methods for dual-income and single-income marriages.
- In long marriages, especially those involving children, courts often lean toward an equal division, regardless of who earned the income.
- The structured approach helps courts fairly account for both direct and indirect contributions, including homemaking and caregiving roles.
If you’re facing a divorce and unsure of your entitlements, Gloria James-Civetta & Co can help you make sense of the legal process. Ms Gloria James and her team are experienced in navigating complex asset division and will guide you toward a practical and fair resolution.
Schedule a consultation to explore your legal position and next steps with confidence.
