- Matrimonial assets are generally those acquired during the marriage, plus some acquired before it.
- Gifts and inheritances are usually excluded, unless they became the family home or were substantially improved during the marriage.
- Division is just and equitable, not automatically equal.
- In long single-income marriages, the division tends towards equality.
- The HDB flat can be transferred to one spouse, sold on the open market, or surrendered to HDB, subject to HDB's rules.
What counts as a matrimonial asset
Broadly, any asset acquired by either spouse during the marriage is a matrimonial asset, whoever holds it. Assets owned before the marriage can also count if they were used by the family as a home or for family purposes, or were substantially improved during the marriage.
Gifts and inheritances received by one spouse are generally excluded, unless they became the matrimonial home or were substantially improved during the marriage.
How the court divides the pool
There is no fixed rule of half each. The court aims for a division that is just and equitable in the circumstances.
Where both spouses worked, the court usually takes a structured approach: it assesses each spouse's share of the direct financial contributions, then their share of indirect and non-financial contributions, such as caring for the children and the home, and combines the two. It may then adjust the result for other factors.
In long marriages where one spouse earned the income while the other looked after the family, the division tends towards equal shares.
Valuation dates
As a rule, the pool of assets is identified at the date of the Interim Judgment, and most assets are valued at the date of the ancillary matters hearing. Bank and CPF balances are often taken at the Interim Judgment date.
The HDB flat
An HDB flat bought during the marriage is a matrimonial asset, whichever spouse it is registered to. The usual options are:
- one spouse keeps the flat and takes over the other's share, provided they meet HDB's eligibility rules and can finance it;
- the flat is sold on the open market and the proceeds divided, if the minimum occupation period has been met;
- the flat is surrendered to HDB, where it cannot be sold or kept.
Things to check early
If the five-year minimum occupation period has not been met, HDB considers requests case by case. The parent with care and control of the children may be better placed to keep the flat. When a flat is sold, the CPF money used to buy it, with accrued interest, is refunded to each spouse's CPF account first. HDB and CPF rules change, so check them for your own case.
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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