- Matrimonial assets include most things acquired during the marriage, whoever's name they are in.
- The aim is a just and equitable division, not an automatic 50:50 split.
- In dual-income marriages, courts weigh both direct financial and indirect contributions.
- For an HDB flat, the five-year minimum occupation period and HDB eligibility rules shape what is possible.
What counts as a matrimonial asset
Under section 112 of the Women's Charter, matrimonial assets generally include anything acquired during the marriage by one or both spouses, in sole or joint names. Examples include the home, other property, savings, CPF balances, shares, insurance policies and cars.
Assets owned before the marriage can be included if the family ordinarily used them, such as a home the family lived in, or if they were substantially improved during the marriage. Gifts and inheritances are generally left out, unless they became the matrimonial home or were substantially improved by either spouse.
How the court divides them
The court divides the pool in whatever proportions it considers just and equitable. In dual-income marriages, courts commonly use a structured approach set out by the Court of Appeal: first a ratio for each spouse's direct financial contributions to the assets, then a ratio for indirect contributions, such as caring for the children and running the home, then an average of the two, followed by adjustments for the circumstances of the case.
In long marriages where one spouse earned the income and the other cared for the home and family, the division tends towards equality. Other factors, such as the needs of the children, debts and any agreements made between the spouses, are also taken into account. Prenuptial and postnuptial agreements are considered but are not automatically enforced.
Timing matters too. The pool of assets is generally fixed at the date of the Interim Judgment, while most assets are valued at the time of the ancillary matters hearing.
The HDB flat
An HDB flat used as the family home is generally a matrimonial asset, regardless of whose name is on the title. If the spouses agree, the usual options are:
- One spouse transfers their share to the other, who keeps the flat.
- The flat is sold on the open market and the proceeds are divided.
- In some cases, such as when the flat cannot be sold yet, the flat is returned to HDB.
Rules that affect the flat
A flat generally has to meet its minimum occupation period, usually five years, before it can be sold on the open market. If it has not, the spouses can appeal to HDB, which decides case by case.
Even if the court orders that one spouse keeps the flat, that person must meet HDB's eligibility conditions and be able to take on the housing loan alone. A parent who has care and control of the children is often in a better position to qualify. A spouse who is not a Singapore citizen may find it harder to keep a flat.
When a flat is sold, CPF money used to buy it, with accrued interest, generally has to be refunded to each spouse's CPF account. Applications to transfer the flat are generally made only after the divorce is final. Because HDB and CPF rules change, check the current position with HDB and the CPF Board before agreeing to terms.
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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