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Anonymous

17 Feb 2021

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How the court determines the spousal and child's compensation?

Husband cheated, wife has witnessed it. But do no have hard evidential before the court. 3 x children's care and countrol has been given to her and 3yrs seperation has gone by.

Question: she is unhappy with the compensation that the husband proposed. A single woman age 30, 3 childs and husband only said to give a total $1500 for the 3 child monthly and some $200k CPF monies to her OA so she can buy a simple HDB.
Since she is not agreeable to this arrangement, what should she do for succession?

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. Another common misconception that ex-wives will automatically be awarded maintenance if the divorce is granted based on their ex-husband's adultery. In reality, the reasons for the divorce have absolutely nothing to do with the Court's decision on maintenance. If you are unhappy with your ex-husband's proposal to settle the divorce and ancillary matters, I would suggest that you seek legal advice from a lawyer at a paid consultation so that a matrimonial lawyer can assess your ex-husband's offer after considering all the relevant factors.

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