When a couple in Singapore decides to divorce, one of the most common sources of confusion and contention is the division of matrimonial property and finances.
Whether you are wondering what happens to the family home, how CPF refunds are calculated, or whether caregiving efforts count toward your share of the settlement, it is crucial to understand how the law approaches these matters.
At Gloria James-Civetta & Co, we often encounter questions like the ones below. This article addresses individuals’ key concerns regarding the division of matrimonial assets under Singapore law and seeks to provide guidance on common areas of confusion or uncertainty.
– Can my spouse keep the matrimonial home after divorce? – If I give up my share, does my spouse have to pay me the market value? – How are CPF refunds calculated and returned after a property sale? – Can I claim a larger share even if my spouse’s contribution records are missing? – What documents support a claim of disproportionate contribution? – Does the court consider caregiving and unpaid labour in asset division?
If the matrimonial property is jointly owned, can my spouse retain it post-divorce?
Yes, under Section 112(10) of the Women’s Charter, jointly owned property is considered a matrimonial asset. Your spouse can retain the property by buying over your share. The key issues to work out include:
- Valuation of the property (typically based on an agreed market value or valuation report)
- Cash consideration: The amount payable to you for your share
- CPF refunds: Whether your spouse must refund CPF monies to your CPF account
Learn more about how the division of matrimonial assets is handled in Singapore.
If I give up my share, does my spouse have to pay me the current market value?
Not necessarily. You and your spouse may agree on a different value, but in the absence of an agreement, the current market value will generally apply. This can be determined through:
- A desktop valuation
- An official valuation report by a professional valuer
How is the CPF refund calculated and returned to each party after the sale of the home?
CPF refunds must comply with CPF Board rules. Each party is required to return the CPF funds used for the purchase of the home, along with accrued interest.
There are two methods for refunding CPF after a sale:
⚠️ If the sale proceeds are insufficient, the party must top up the shortfall in cash.
Explore more on CPF refunds and property transfers.
Can I claim a larger share of the sale proceeds even if my spouse’s contribution records are missing?
Yes. If your spouse’s records are incomplete, estimates can be made from available housing statements. Courts consider both:
- Direct contributions (e.g. CPF, cash)
- Indirect contributions (e.g. childcare, managing the household)
Here’s how shares may be calculated based on average contribution ratios:
| You | Spouse | |
| Direct | 40% | 60% |
| Indirect | 70% | 30% |
| Average | 55% | 45% |
This model helps ensure a fair division, even where one party’s financial contributions are lower.
What documentation supports a claim of disproportionate contribution?
To support your claim:
- Direct contributions: CPF and home loan statements
- Indirect financial: Bills, renovation receipts, utility payments
- Indirect non-financial: Caregiving records, school correspondence, doctor’s appointments, etc.
If your spouse refused to contribute, relevant messages or admissions may also support your claim.
You can find a breakdown of what the court considers here.
Will the court consider emotional and unpaid labour in the financial settlement?
Yes. The court recognises non-financial contributions such as:
- Caregiving
- Managing the household
- Supporting the spouse’s career
Relevant factors include:
- Length of marriage
- Whether there are children
- Use of domestic helpers (which may reduce the assessed weight of such contributions)
This type of unpaid work often becomes critical in matrimonial asset division, especially for longer marriages or where one party stepped back from a career to raise children.
Need Help With Property Division in Your Divorce?
At Gloria James-Civetta & Co, we understand how important it is to secure a fair outcome in property and financial matters. Whether you’re negotiating a transfer, contesting valuation, or proving your caregiving role, our team is here to help.
We’re here for you
When you contact our matrimonial law team, we will provide you with a consultation, tailored to your specific circumstances and goals in mind.
Our goal is to help you find a resolution that works for you.
