- Both parents share the duty to maintain their children, whatever the custody arrangement.
- A wife, or an incapacitated husband, can claim maintenance from their spouse, during the marriage or on divorce.
- There is no fixed formula: the court looks at needs, means and the family's standard of living.
- Orders can be varied when circumstances materially change, and unpaid maintenance can be enforced.
Maintenance for children
Both parents have a duty to maintain their children, whatever the custody arrangement. In practice, the parent the children do not live with usually pays the parent who has their day-to-day care.
There is no fixed formula. The court looks at the child's reasonable needs and the standard of living they are used to, then shares the cost between the parents according to their incomes and earning capacity. The duty usually lasts until the child turns 21, becomes financially independent or marries, whichever comes first.
Maintenance for a spouse
A wife can claim maintenance from her husband. A husband can claim from his wife only if he is incapacitated and unable to support himself. A claim can be made during the marriage or as part of the divorce.
Factors include each spouse's income and earning capacity, their financial needs, the standard of living before the marriage broke down, their ages, the length of the marriage, any disability, and each spouse's contributions to the family.
Spousal maintenance is not automatic or lifelong. The court expects a spouse who can work to support themselves, and maintenance for a former wife ends if she remarries. It can be paid monthly or as a lump sum, which suits a clean break.
Claiming without a divorce
You can apply for maintenance for yourself or your children without starting a divorce. The court process is designed so people can file on their own, and it includes mediation.
Changing an order
Either side can apply to vary or cancel a maintenance order by showing a material change in circumstances, such as losing a job or falling ill, backed by credible evidence. A change the applicant brought about themselves will not usually justify a variation.
When maintenance is not paid
If maintenance is not paid, you can apply to court to enforce the order. Remedies include deductions straight from the payer's salary. Persistent defaulters can be fined or jailed, and the arrears remain payable.
Since 16 January 2025, many enforcement applications go through the Maintenance Enforcement Process. Maintenance Enforcement Officers can obtain financial information about the payer from banks and government agencies and try to resolve the matter before it goes back to court. The court can also order the payer to show proof of payment.
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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