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Anonymous

17 Feb 2021

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How can one protect his/her future earnings when getting married to a partner with a comparatively lower earning power?

Assuming the partner earning the lower income is in the median income bracket and fully capable of sustaining an average lifestyle in the event of an unfortunate divorce

AMA SingaporeLegalAdvice.com

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June Lim (Managing Director of Eden Law)

17 Feb 2021

Partner lawyer at SingaporeLegalAdvice.com

While the Women's Charter provides an avenue for ex-wives and incapacitated ex-husbands to claim maintenance from their former spouse, whether a maintenance order is made depends on a myriad of factors including the ex-spouse's list of expenses, both parties' income or income capacity, both parties' assets available to meet their expenses etc. It is a common misconception that ex-wives will automatically be awarded maintenance upon divorce. In general, ex-wives who are employed or able to secure employment will NOT be awarded maintenance as they are able to meet their own expenses through their own salaries. As for a pre-nuptial agreement, they are only persuasive in the event of divorce and not binding under Singapore law. Much will depend on whether parties received independent legal advice on the terms of the pre-nuptial agreement and the circumstances at the time of the divorce - the Court always retains the final say.

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