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QUESTIONS ON DIVORCE
Can a woman claim maintenance and alimony in a divorce, even if she has a full-time job? What happens if the man dies before the divorce is formalised - is the wife entitled to his assets if he has not made a will?
We are unable to find any specific references as to whether a woman can or cannot claim maintenance and alimony if she is working full time. You may wish to seek assistance from professionals like lawyers and estate planning advisers.
What we did find are the following:
The general principles under the Women's Charter, Part VIII, states that...
"The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters: (a) the financial needs of the wife or child; (b) the income, earning capacity (if any), property and other financial resources of the wife or child; ..." (Reference: Women's Charter, Section 69 "Court may order maintenance of wife and children", http://statutes.agc.gov.sg, last accessed on 29June 2010)
In response to your second query about "What happens if the man dies before the divorce is formalised - is the wife entitled to his assets if he has not make a will?".
The general principle under the Intestacy Rule states that if the deceased did not make a will, then it is possible that "Everything you leave (your estate) will go to your next of kin (family or relatives) according to fixed rules (known as Intestacy Rules). Your husband or wife and children qualify as next of kin, and so do close blood relatives if you are not married." (Reference: A Guide To Making A Will, http://www.goodwinslaw.com/publications/willguide.pdf, last accessed on 29/06/2010). If you do not have parents or children, all your estate will go to your spouse as stated in the Intestacy Rules in Singapore (Reference: Estate Planning in Singapore, http://finesseadvisory.com/Estate Planning in%20Singapore 1.0[1].pdf, last accessed on 29/06/2010).
However, the Women's Charter also states that "If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1st June 1981, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead." (Reference: Women's Charter, Section 103 "Judicially separated spouses not entitled to claim in intestacy of each other", http://statutes.agc.gov.sg, last accessed on 30/06/2010)
We would like to highlight again that the above are just some guiding principles and we would not be able to intepret the rules for individual cases. It is advisable to seek assistance from professionals like lawyers and estate planning advisers instead.
(Why Women's Charter is mentioned so many times? Is it a charter devised by women who were divorcing?)
Can a woman claim maintenance and alimony in a divorce, even if she has a full-time job? What happens if the man dies before the divorce is formalised - is the wife entitled to his assets if he has not made a will?
We are unable to find any specific references as to whether a woman can or cannot claim maintenance and alimony if she is working full time. You may wish to seek assistance from professionals like lawyers and estate planning advisers.
What we did find are the following:
The general principles under the Women's Charter, Part VIII, states that...
"The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters: (a) the financial needs of the wife or child; (b) the income, earning capacity (if any), property and other financial resources of the wife or child; ..." (Reference: Women's Charter, Section 69 "Court may order maintenance of wife and children", http://statutes.agc.gov.sg, last accessed on 29June 2010)
In response to your second query about "What happens if the man dies before the divorce is formalised - is the wife entitled to his assets if he has not make a will?".
The general principle under the Intestacy Rule states that if the deceased did not make a will, then it is possible that "Everything you leave (your estate) will go to your next of kin (family or relatives) according to fixed rules (known as Intestacy Rules). Your husband or wife and children qualify as next of kin, and so do close blood relatives if you are not married." (Reference: A Guide To Making A Will, http://www.goodwinslaw.com/publications/willguide.pdf, last accessed on 29/06/2010). If you do not have parents or children, all your estate will go to your spouse as stated in the Intestacy Rules in Singapore (Reference: Estate Planning in Singapore, http://finesseadvisory.com/Estate Planning in%20Singapore 1.0[1].pdf, last accessed on 29/06/2010).
However, the Women's Charter also states that "If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1st June 1981, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead." (Reference: Women's Charter, Section 103 "Judicially separated spouses not entitled to claim in intestacy of each other", http://statutes.agc.gov.sg, last accessed on 30/06/2010)
We would like to highlight again that the above are just some guiding principles and we would not be able to intepret the rules for individual cases. It is advisable to seek assistance from professionals like lawyers and estate planning advisers instead.
(Why Women's Charter is mentioned so many times? Is it a charter devised by women who were divorcing?)
