- Matrimonial assets are generally those acquired during the marriage, whoever holds them.
- Gifts from third parties and inheritances are usually excluded, unless they became the family home or were substantially improved during the marriage.
- In dual-income marriages, courts usually use the 'structured approach' from ANJ v ANK.
- Homemaking and caring for the family count as real contributions.
- In long single-income marriages, courts tend towards an equal division.
What counts as a matrimonial asset
Under section 112 of the Women's Charter, the court has power to divide matrimonial assets. Broadly, these are:
- assets acquired during the marriage by either or both spouses, whoever's name they are in;
- assets acquired before the marriage that were ordinarily used by the family, for example as a home; and
- assets acquired before the marriage that were substantially improved during it by the other spouse or by both.
Common examples include the matrimonial home, savings and bank accounts, CPF balances, shares and investments, insurance policies, cars and business interests. Assets outside Singapore can be included too.
Gifts from third parties and inheritances are usually excluded, unless they became the matrimonial home or were substantially improved during the marriage. A rise in value on its own is not an improvement. The spouse who wants an asset excluded generally has to prove why.
The structured approach
The court divides assets in proportions it considers just and equitable. In dual-income marriages, it usually follows a method set out by the Court of Appeal in ANJ v ANK (2015):
- Direct contributions: the court works out a ratio of what each spouse paid towards acquiring or improving the assets, such as the purchase price, loan repayments and renovations.
- Indirect contributions: it works out a second ratio for each spouse's contributions to the family's welfare, both financial (such as household bills) and non-financial (such as homemaking and caring for children).
- Average: it averages the two ratios.
- Adjustment: it may adjust the result to reflect other relevant factors, such as the children's needs or any agreement the spouses made.
The courts have stressed that this is not an exercise in arithmetic. They take a broad-brush view, and spouses are not expected to account for every dollar of a long marriage. The law treats homemaking and caregiving as fundamental to a marriage, not as lesser contributions.
Single-income marriages
In TNL v TNK (2017), the Court of Appeal decided the structured approach should not be used for single-income marriages, because it could unfairly favour the spouse who earned the income. In long single-income marriages, the courts generally tend towards an equal division.
This is a tendency, not a fixed rule. There is no presumption that assets are split equally, and the outcome always depends on the facts.
Agreements and other factors
The court considers a range of factors under section 112(2), including debts taken on for the family, the needs of the children, and any agreement the spouses made about dividing their assets. A prenuptial agreement is not automatically binding, but the court can give it weight.
The division of assets and any maintenance order are looked at together, so a larger share of assets may affect how much maintenance is ordered.
Speaking with a lawyer
How the approach applies depends on your marriage, your assets and the evidence available. A family lawyer can help you identify the asset pool and explain how the court is likely to view your contributions.
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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