- Matrimonial assets are, broadly, assets acquired during the marriage, plus the family home.
- Gifts and inheritances are usually excluded, unless they became the family home or were substantially improved by both of you.
- The court weighs direct (financial) and indirect (non-financial) contributions.
- Full and frank disclosure of your assets is mandatory.
What counts as a matrimonial asset
Broadly, a matrimonial asset is anything acquired by either spouse during the marriage, regardless of whose name it is in. Common examples:
- the matrimonial home, whether HDB or private;
- CPF balances built up during the marriage;
- bank savings, shares, unit trusts and insurance policies with cash value;
- businesses and shares in companies; and
- cars, jewellery and other valuables.
Assets from before the marriage
Assets you owned before marriage are generally not divided, but there are important exceptions. A pre-marriage asset can become a matrimonial asset if it was used as the family home, or if it was substantially improved during the marriage by the other spouse or by both of you. Gifts and inheritances follow the same rule.
How the division is worked out
In dual-income marriages, the courts commonly apply a structured approach:
- Direct contributions: the court works out what each spouse paid towards acquiring the assets, such as the purchase price, mortgage and renovation, and expresses it as a ratio.
- Indirect contributions: the court assesses each spouse's contributions to the family's welfare, including homemaking, caring for children and elderly parents, and financial support for household expenses, and expresses that as a ratio too.
- The two ratios are averaged, and the result may be adjusted for factors such as the length of the marriage and who will care for the children.
In long single-income marriages, where one spouse gave up a career to raise the family, the courts tend to move towards a more equal division. There is no fixed formula, and judges look at the marriage as a whole.
Disclosure and hidden assets
Both spouses must give full and frank disclosure of their assets, usually by affidavit with supporting documents. If one spouse hides or dissipates assets, the court can draw an adverse inference and give the other spouse a larger share. Moving money out of reach just before a divorce is something the court looks at closely.
Agreeing a division yourselves
Most couples settle the division by agreement, often through mediation, and the court records it as a consent order. An agreed division gives you more control over practical outcomes, such as who keeps the flat, than a court order does. It should be checked carefully before you sign, because consent orders are difficult to undo.
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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