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Going through a divorce can be a burdensome and overwhelming experience that can cause significant shifts in a person’s life. One financial issue that often comes up after a divorce is ex-spouse maintenance, also known as alimony or spousal support. While it’s designed to be fair and equitable, navigating the intricacies of ex-spouse maintenance can be far from straightforward.
In Singapore, the Women’s Charter governs spousal maintenance rules and regulations. Suppose you’re going through a divorce in Singapore or wondering about your financial obligations after a divorce. In that case, it’s crucial to have a good understanding of the laws and factors involved in spousal maintenance.
In this blog post, we’ll explore whether an ex-spouse can ask for spousal maintenance after divorce and what factors are considered when making this decision.
What Is Post-Divorce Maintenance?
Post-divorce maintenance, also known as alimony or spousal support, is a financial payment one partner makes to the other after a divorce. In Singapore, the Women’s Charter governs spousal maintenance rules and regulations.
According to the law, an ex-spouse may be granted maintenance if they cannot support themselves financially. The amount and duration of the maintenance will depend on various factors, including the applicant’s financial needs, the income and earning capacity of both parties and the standard of living enjoyed by the family before the divorce.
Maintenance can be paid in a lump sum or regular payments and can be for a set period or until the death or remarriage of the recipient. It’s important to note that maintenance is not guaranteed and is only awarded in cases where it is deemed necessary.
Factors Influencing Maintenance Modifications
When a person in Singapore seeks to increase spousal maintenance, they must meet legal requirements and demonstrate financial need. The court will also consider the financial capacity of the paying spouse to balance the recipient’s needs with their obligations.
Additionally, it would be best to refer to your interim divorce judgment or court order outlining the existing maintenance terms. This document will clarify the initial maintenance agreement and any conditions or provisions related to modifications. Spousal maintenance is regulated by the Women’s Charter and the Family Justice Act and depends on these factors:
Change in Circumstances
One of the critical factors in determining the validity of a maintenance increase request is a material change in the financial circumstances of either party. This change should be substantial and must not have been foreseeable at the time of the original maintenance order or agreement.
Expected changes in circumstances include job loss, disability, or a significant increase in the recipient’s financial needs.
Duration Since Last Review
The court may also consider how long it has been since the last review of the maintenance order or agreement. If a considerable amount of time has passed, it may be more likely for the court to entertain a request for an increase.
Maintenance Order Specifics
The judge will closely examine the terms of the original maintenance order or agreement. If the order includes provisions for adjustments in the event of significant changes in circumstances, it may deem an increase more valid. Parties can agree to such provisions during the divorce settlement negotiations.
Evidence
The party requesting the increase must provide substantial evidence to support their claim for higher maintenance. It could include financial statements, medical records (if health is a factor), and other relevant documentation.
One should note that maintenance orders in Singapore are not permanent and can be changed if there are changes in circumstances. Nevertheless, the court will closely examine requests for increases to ensure they are fair and warranted.
How Does The Divorce Decree Affect Maintenance Increase?
In Singapore, the divorce decree plays a pivotal role in determining maintenance increase following the dissolution of a marriage. The divorce judgement that the Family Court issues outlines the terms and conditions of a divorce. It includes matters related to financial support.
Here’s how the divorce decree affects maintenance increases in Singapore:
Initial Maintenance Agreement
The divorce settlement usually contains clauses that pertain to maintenance (also known as spousal support or alimony), which both parties have agreed upon or the court has mandated during the divorce proceedings.
As mentioned in the divorce settlement, the initial maintenance arrangement is legally binding and serves as the basis for future maintenance payments.
Stipulated Terms and Conditions
The divorce court order may contain particular provisions about maintenance, such as the payment amount, frequency, and duration, which are typically legally binding unless altered by a court.
Modification of Maintenance
The divorce decree can include provisions for modifying maintenance payments in the future, and having these provisions in the decree streamlines seeking modifications when necessary.
If the dependent spouse desires to request an increase in maintenance, they must adhere to legal procedures. The divorce settlement serves as the basis for any modification request. It specifies the current maintenance agreement that both parties consented to or the court ordered during the divorce proceedings.
Material Change in Circumstances
Suppose one party wishes to request an increase in maintenance payments. In that case, they usually need to prove that there has been a significant change in circumstances since the divorce settlement was issued.
The court has the discretion to grant or deny the request for a maintenance increase. It will consider various factors and consider the terms of the divorce decree and whether they can modify it reasonably.
If the court deems it appropriate to raise the maintenance payments, the judge will issue a new court order. This order will outline the new terms, including the updated amount and length of maintenance payments. It will replace the original divorce decree’s provisions regarding maintenance.
Contact The Bethel Chambers Family Lawyers
Maintenance modifications are possible when there is a material change in circumstances since the initial maintenance order or agreement. The divorce judgement, as issued by the Family Court, plays a pivotal role in these maintenance modifications. It outlines the initial maintenance agreement and may contain provisions for future adjustments.
Understanding how the divorce judgement affects maintenance increases is essential for anyone navigating post-divorce financial arrangements. Remember that legal advice and proper documentation are crucial when seeking or responding to maintenance modification requests. Don’t hesitate to consult Bethel Chambers family lawyers to ensure any modifications are just and fair and also serve your best interest.
