For many individuals going through divorce or separation, one of the most pressing concerns is financial security, both during the transitional phase and in the long term.
Whether you’ve made financial sacrifices for the family or are negotiating informal agreements with your spouse, it’s important to understand your rights and options.
At Gloria James-Civetta & Co., we assist clients in protecting their financial interests while navigating divorce proceedings. Our experienced family law team offers guidance on spousal maintenance, financial safeguarding, and drafting informal agreements, ensuring that your contributions and future needs are adequately considered under Singapore law.
This article addresses common questions about financial support, protecting assets, and formalising informal arrangements during separation or divorce.
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– Will past financial support or sacrifices influence spousal maintenance decisions? – How can I protect myself financially during the divorce process? – What should I look out for when negotiating informal agreements with my spouse? – If I contribute money for a trip or family need, should I record it as non-recoverable?
Will past financial support or sacrifices influence spousal maintenance decisions?
Yes. Courts in Singapore take into account financial sacrifices and contributions made during the marriage when determining spousal maintenance. Under Section 114(1)(f) of the Women’s Charter, the court considers:
- Contributions made by either party to the welfare of the family
- Financial support provided to the spouse and children
- Non-financial contributions such as looking after the home or caring for family members
Other key factors include:
- Income and earning capacity of each party
- Financial needs and obligations
- Standard of living during the marriage
- Duration of the marriage and the parties’ ages
- Any physical or mental disability
- Loss of pension or benefits due to the divorce
Note: Spousal maintenance is available to wives and only to husbands who are incapacitated and unable to earn a living.
Read more about how spousal maintenance is determined in Singapore.
How can I protect myself financially during the divorce process?
The period leading up to and during divorce is financially vulnerable. To protect yourself:
Organise Your Financial Records
Document your income, expenses, savings, debts, and financial contributions to the household. These records are important for asset division and maintenance claims.
Open a Personal Bank Account
If you don’t already have one, open a bank account in your name to manage funds independently.
Avoid New Joint Debts
Refrain from entering into new joint financial commitments. Consider freezing joint accounts or credit lines, but do so cautiously to avoid triggering conflict if divorce discussions have not yet begun.
Formalise Agreements
If you and your spouse reach agreements on money, housing, or parenting, consider recording them in a written agreement or court order to ensure enforceability.
Budget Realistically
Avoid major expenses during this period. Prioritise essentials while keeping a clear view of your long-term financial goals.
Learn more about financial planning before and during divorce.
What should I look out for when negotiating informal agreements with my spouse?
While informal agreements can be helpful, it’s important to approach them thoughtfully to protect your rights:
Focus on the Children’s Best Interests
Any parenting arrangements should prioritise the child’s welfare. Courts will only formalise agreements that serve the child’s best interests.
Be Specific
Define access terms clearly:
- Frequency and timing of visits
- Pick-up and drop-off arrangements
- Holidays and special occasions
- Communication methods (e.g., phone calls, video chats)
Cover Short- and Long-Term Issues
Discuss not only current routines but also:
- Education (e.g., school transfers or tuition)
- Medical care and emergencies
- Overseas travel
Address Financial Contributions
Specify details of child maintenance, including:
- Amount
- Payment frequency
- Method of transfer
- Responsibility for larger or ad-hoc expenses (e.g., medical bills, school fees)
Put It in Writing
Even if informal, document your agreement and have both parties sign. Later, you may submit it to the court for formalisation as a consent order.
See our guide on having a Properly Drafted Divorce Agreement
If I contribute money for a trip or family need, should I record it as non-recoverable?
Yes — it’s important to clarify how your contributions are intended to be treated:
- If it’s a gift or a shared expense, record it clearly as non-recoverable
- If you expect repayment or cost-sharing, document this agreement with your spouse
In the absence of such clarity, the court may view your contribution as a voluntary expense and therefore non-recoverable.
These contributions may still be recognised as indirect financial contributions during the division of matrimonial assets, but they won’t typically be refunded.
Learn how the Courts give recognition to the contributions of a homemaker wife in the division of matrimonial assets
Protect Your Financial Interests with Expert Guidance
At Gloria James-Civetta & Co, we help individuals secure fair financial outcomes during divorce. Whether seeking spousal maintenance, reviewing joint debts, or negotiating parenting terms, our team can help you take the proper steps forward.
We’re here for you
At Gloria James-Civetta & Co, we aim to find a solution that will work for you and your family. Our matrimonial law team will provide a consultation tailored to your circumstances and needs.
