Maintenance for Wife
As a wife, am I entitled to Financial Support from my husband?
Under Section 113 of the Women’s Charter, the court may order a husband to pay maintenance to his wife a) during the course of any matrimonial proceedings or b) when granting or after a judgment of divorce, separation or nullity of marriage has been granted.
However, under Section 113, this maintenance order will be granted based on the discretion of the judge. This means that wives are not entitled to financial support as of right. Your best divorce lawyer will be able to guide you through this process with clarity.
Can an Apply for increased maintenance?
Section 69 (1) allows a wife whose husband is neglecting to provide her with reasonable maintenance to apply to the court to seek an order for maintenance.
What factors does the court take into account when awarding maintenance?
Ultimately, when awarding maintenance, the court aims to place the parties in a financial position that they would have been had the marriage not broken down.
In considering whether to award maintenance, the court will consider the following factors (as listed out in Section 114):
- the income, earning capacity, property or any financial resource that each party has or is likely to have in the foreseeable future;
- the financial needs, obligations and responsibilities that each party has or is likely to have in the foreseeable future;
- standard of living enjoyed by the parties before the breakdown of the marriage
- age of parties to the marriage and the duration of the marriage;
- contributions made by each party to the welfare of the family (including looking after the home or caring for the family);
- the value to either party of any benefit which the party will lose a chance to acquire after the dissolution of the marriage (e.g. a pension)
How long will the Maintenance Last?
Based on Section 117 of the Women’s Charter, the maintenance order will expire on:
- The death of the husbandor
- The death of the wife; or
- The remarriage of the wife.
Alternatively, a Maintenance Order will last until it is revoked by the courts or varied by another court order.
If you are looking to apply for maintenance or facing an application for maintenance, Gloria James-Civetta& Co has a team of dedicated family law lawyers who can give youlegal advice on the next step to take.
Gloria James-Civetta& Co (“GJC Law”), is an established Law Firm, with one of largest matrimonial law departments in Singapore.
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Email us or call +65 63370469 to speak to one of our friendly lawyers.
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