- Matrimonial assets include most things acquired during the marriage, and some pre-marital assets used by the family or improved during the marriage.
- Gifts and inheritances are generally excluded unless they were substantially improved during the marriage or became the matrimonial home.
- The court aims for a just and equitable division, not an automatic equal split.
- Both spouses have a duty to make full and frank disclosure of their assets.
- For an HDB flat, the court's orders sit alongside HDB's eligibility rules and the minimum occupation period.
What counts as a matrimonial asset
Section 112(10) of the Women's Charter defines matrimonial assets. Broadly, they include:
- Assets acquired during the marriage by either or both spouses, whether held in one name or jointly
- Assets owned before the marriage that were ordinarily used or enjoyed by the family, such as a home or car
- Assets owned before the marriage that were substantially improved during it by the other spouse or both
- The matrimonial home, even if it was a gift or inheritance
Common examples are the matrimonial home, CPF savings, bank accounts, shares and investments, insurance policies and business interests. A gift or inheritance received by one spouse is generally kept out of the pool, unless it was substantially improved during the marriage or used as the matrimonial home.
How the court divides the pool
The court divides matrimonial assets in proportions it considers just and equitable. That does not mean 50:50. The court looks at all the circumstances, including each spouse's financial and non-financial contributions, debts taken on for the family, the needs of the children, and any agreement between the spouses about their assets.
In dual-income marriages, courts generally follow the structured approach set out by the Court of Appeal in ANJ v ANK (2015). The court first works out a ratio reflecting each spouse's direct financial contributions to acquiring or improving the assets, then a second ratio for indirect contributions to the family, such as homemaking, caregiving and paying household expenses. The two are averaged and may be adjusted for the facts of the case.
The Court of Appeal has warned against applying this approach too mechanically or trying to account for every dollar spent over a long marriage. In long single-income marriages, the division tends towards equality, recognising the homemaker's contribution.
Disclosure and protecting the pool
Each spouse has a legal duty to make full and frank disclosure of their assets. If one spouse believes the other is hiding assets, they can ask the court to order disclosure, and the court can take hidden assets into account when deciding the split.
Large withdrawals, transfers or the sale of shared assets once the marriage has broken down can complicate the division, and money spent in this way may still be counted. Take advice before making major financial moves.
The HDB flat
The HDB flat is often a couple's most valuable asset. A flat used as the matrimonial home is generally a matrimonial asset, even if it is in one spouse's sole name or was bought before the marriage. Its division is decided at the ancillary matters stage.
Even if the court awards the flat to one spouse, HDB's eligibility rules decide whether that person can keep it. A foreign spouse, for example, may not be able to retain it. Typical outcomes include selling the flat and dividing what is left after the loan is repaid and CPF monies are refunded with interest; transferring it to one spouse; or, if the flat cannot be sold or kept, returning it to HDB.
A flat generally cannot be sold on the open market until its minimum occupation period, usually five years, has been met. If the period has not been met, options are more limited, and HDB will assess each case. Because these rules change, check your position with HDB and the CPF Board early, and ask your lawyer how the flat should be dealt with in any settlement.
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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