- Spousal maintenance is not automatic. The court first asks whether there is a real need, then how much is fair.
- A husband can claim from his wife only if he is incapacitated and unable to support himself.
- Both parents must maintain their children, usually until age 21, and sometimes longer.
- Orders can be changed if circumstances change materially.
- Since 2025, unpaid maintenance is enforced through a new process run with the Ministry of Law.
Who can claim
Under the Women's Charter, a wife or former wife can ask the court to order maintenance from her husband or former husband. A husband or former husband can claim from his wife only if he is incapacitated: during the marriage he became unable to earn a living because of a physical or mental illness or disability, and he cannot support himself. Courts have looked for some degree of permanence in the incapacity.
A claim can be made during the marriage, without starting a divorce, or as part of divorce proceedings. Interim maintenance can also be sought while the divorce is still going on.
How the court decides
The court first decides whether the person asking actually needs support, then sets an amount. Under section 114 of the Women's Charter, it looks at all the circumstances, including:
- Each party's income, earning capacity, property and financial resources, now and in the future.
- Each party's financial needs and obligations.
- The standard of living the family had before the marriage broke down.
- Each party's age, health and any disability, and how long the marriage lasted.
- Each party's contributions to the family, including caring for the home and children.
What an order can look like
Maintenance is often a monthly sum, but it can also be a single lump sum, which lets both sides make a clean break. A court may also make a nominal order, for example a token amount, where a person's situation is expected to change and they may need to come back for more support later.
A spouse who can work is expected to make reasonable efforts to do so, and someone who receives a larger share of the assets may need less maintenance. Spousal maintenance generally ends if the person receiving it remarries.
Maintenance for children
Both parents have a duty to maintain their children, whether or not the child lives with them. The court looks at the child's reasonable needs, such as daily expenses, school fees, healthcare and activities, the standard of living the child is used to, and what each parent can afford.
Children's maintenance usually runs until the child turns 21. It can continue beyond that in some cases, for example where the child is still studying, serving National Service, or has a disability.
Changing or enforcing an order
Either party can apply to vary an order if there has been a material change in circumstances, such as losing a job.
If payments are not made, the person owed money can apply to the Family Justice Courts to enforce the order. A new Maintenance Enforcement Process was introduced in phases from 16 January 2025, and from 1 July 2026 it covers all maintenance enforcement applications. Maintenance Enforcement Officers from the Ministry of Law can hold conciliation sessions, obtain financial information from the parties, banks and public agencies, and report to the court. A respondent referred to the process for not paying is charged a fee of S$180.
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.
All divorce & family guides
