- Both parents must maintain their children, whoever the children live with.
- Child maintenance usually runs until 21, and can continue beyond that in some situations.
- Spousal maintenance is not automatic; the court looks at needs, means and the history of the marriage.
- Orders can be varied when circumstances change materially, and unpaid maintenance can be enforced.
Maintenance for children
Every parent has a legal duty to maintain their children, whether the children live with them or with the other parent. Divorce does not change this, and parents cannot simply agree to sign the duty away; the court will look closely at any such agreement with the child's welfare in mind.
Child maintenance usually runs until the child turns 21. The court can order it to continue beyond that age, for example where the child has a physical or mental disability, is serving full-time national service, or is still studying or training.
There is no fixed formula. The court looks at the child's reasonable needs, such as food, housing, schooling and healthcare, the standard of living the child is used to, and each parent's income and earning capacity. The cost is usually shared in proportion to what each parent can afford. A parent asking for maintenance should be ready to explain and support the expenses claimed.
Maintenance for a spouse
Spousal maintenance is not automatic. The court first asks whether the spouse needs support, and if so, how much is fair. The factors it considers include:
- Each spouse's income, earning capacity and other resources, now and in the foreseeable future
- Each spouse's financial needs and responsibilities
- The standard of living the family enjoyed before the marriage broke down
- The ages of the spouses and the length of the marriage
- Any physical or mental disability
- Each spouse's contributions to the family, including caring for the home and children
How the court approaches spousal maintenance
The court tries to be fair to both sides, but it accepts that divorce usually leaves both spouses with less than before. A spouse who is self-supporting, earns well, or receives a substantial share of the matrimonial assets may receive little or no maintenance.
In some cases the court makes a nominal order, for a very small sum, so that the spouse can return to court if circumstances change later. Such an order is not automatic, and the spouse asking for it needs to give reasons. Spousal maintenance ends if the receiving spouse remarries.
Changing an order
Either side can apply to vary or end a maintenance order if there has been a material change in circumstances, such as a job loss or illness affecting the paying spouse, or the receiving spouse becoming financially independent. The applicant needs credible evidence of the change.
When payments stop
A spouse who has fallen on hard times cannot simply stop paying; the proper course is to apply to vary the order. If payments are missed, the person owed can apply to the court to enforce the order. The court has a range of tools, including deductions from the payer's salary, fines, imprisonment, financial counselling and community service. A penalty does not cancel the arrears, which remain payable.
Since 16 January 2025, eligible enforcement applications can be referred to the Maintenance Enforcement Division within the Ministry of Law. Its officers try to help the parties reach a workable settlement and can obtain financial information from banks and public agencies. The court can then see more clearly whether a payer cannot pay or will not pay.
This article is general information about Singapore law, not advice on any particular case.
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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