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Spousal maintenance encompasses the financial support one spouse might be required to offer the other after a divorce or separation. It aims to address financial discrepancies that can arise when one spouse has notably less income or fewer financial assets.
Spousal support is essential, especially in cases where financial dependence is a notable aspect of the marriage. In this blog, we’ll examine the various factors and considerations that influence its determination in divorce proceedings.
How Is Maintenance Determined?
The relative wealth of each spouse doesn’t solely determine spousal maintenance; it considers various factors to ensure fairness in divorce settlements. Even if your wife has more financial resources, several considerations may lead to a spousal maintenance order.
These criteria, outlined in the Women’s Charter, are assessed by the family justice courts to establish an equitable maintenance arrangement:
Income and Financial Resources: The court examines each party’s income, property, and financial resources, encompassing elements such as wages, bonuses, rental income, and dividends.
Financial Needs, Obligations, and Responsibilities: Ongoing and future financial needs are considered, including expenses like mortgages, loans, retirement planning, and children’s education. The court aims to ensure that both parties can maintain a reasonable standard of living post-divorce.
Standard of Living: The wife’s living standard during the marriage is a critical factor. The aim is to prevent a drastic change in the conditions of the spouse receiving maintenance, especially after a significant marital duration.
Age and Health Condition: Each party’s age and physical or mental condition are also a factor. A spouse with a disability or an older spouse struggling to reenter the job market may receive more consideration.
Contributions to the Family: Non-monetary contributions are recognized, such as sacrificing a career to care for the home or children. This acknowledgment aims to compensate for contributions made to the family’s well-being partially.
Party Conduct: The conduct of individuals, such as engaging in adultery or displaying unreasonable behavior, can influence maintenance orders. If a spouse’s actions are considered to have contributed to the breakdown of the marriage, it could impact eligibility for maintenance, with the details contingent on the specific case and the court’s decision.
Court’s Discretion: The family court in Singapore has the authority to adjust maintenance orders based on changes in circumstances. This flexibility allows the court to reassess maintenance if a party’s financial situation undergoes significant changes, ensuring ongoing fairness and equity.
For complete guidance, it’s best to consult with divorce lawyers in Singapore to clarify your legal rights and plan your next steps.
Consult Bethel Chambers Lawyers
In conclusion, understanding the intricacies of spousal maintenance is crucial when navigating the complexities of divorce, especially when there is a disparity in financial resources. While factors influencing maintenance orders are diverse and aim for fairness, seeking the professional guidance is ideal.
We strongly recommend consulting Bethel Chambers divorce lawyers in Singapore for comprehensive assistance tailored to your unique situation. Our experienced legal professionals can help clarify your rights, navigate the complexities of the legal process, and strategically plan the next steps in your divorce proceedings. Don’t hesitate to reach out for the support and guidance you need during this challenging time.
