WOS v WOT: Division of Matrimonial Assets & Maintenance After 20-Year Marriage

In WOS v WOT, the Family Division of the High Court of Singapore addressed the division of matrimonial assets and maintenance following a 20-year marriage. The key issue was determining the operative date for valuing matrimonial assets, with the Husband arguing for the separation date and the Wife for the interim judgment date. The court, Choo Han Teck J presiding, ruled in favor of the Wife, setting the operative date as the interim judgment date. The court ordered a 60:40 division of matrimonial assets in favor of the Husband, dismissed the Wife's maintenance claim, and ordered the Husband and Wife to equally share E's expenses.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Judgment for Wife in part. Operative date for valuation of matrimonial assets set as the date of the Interim Judgment. Division of matrimonial assets at 60:40 in favor of the Husband. Wife's maintenance claim dismissed. Husband and Wife to equally share E's expenses.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Division of matrimonial assets and maintenance for wife and child after a 20-year marriage. Operative date for determining matrimonial assets was the key issue.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WOSPlaintiffIndividualClaim partially allowedPartial
WOTDefendantIndividualClaim partially allowedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Lee Weiming AndrewPDLegal LLC
Ling Vey HongPDLegal LLC
Tan Xuan Qi DorothyPKWA Law Practice LLC
Nah Xiang Ling CharlenePKWA Law Practice LLC

4. Facts

  1. The plaintiff and the defendant were married for 20 years from 3 June 1999.
  2. The Husband is a 65-year-old businessman in the construction and maintenance industry.
  3. The Wife, aged 60, is a housewife.
  4. They have a 21-year-old son, E, who is in university overseas.
  5. The parties had lived separately since the end of 2010.
  6. The interim judgement of divorce was granted on 12 March 2019.
  7. The Wife has sole custody, care, and control of E with reasonable access to the Husband.

5. Formal Citations

  1. WOS v WOT, Divorce Transferred No 4601 of 2018, [2023] SGHCF 36

6. Timeline

DateEvent
Parties married
Husband left the matrimonial home
Parties lived separately since end of 2010
Husband's amended Statement of Particulars
Interim judgment of divorce granted
E commenced university education in the UK
Judgment reserved
Judgment reserved
Judgment issued

7. Legal Issues

  1. Operative date for determining matrimonial assets
    • Outcome: The court held that the appropriate operative date to apply would be the IJ date (12 March 2019).
    • Category: Substantive
    • Sub-Issues:
      • Husband leaving matrimonial home
      • End of marriage contract
      • Joint accumulation of matrimonial assets
  2. Maintenance for Wife
    • Outcome: The court held that ordering further maintenance for the Wife would be inappropriate as the Wife has more than sufficient resources to maintain herself.
    • Category: Substantive
    • Sub-Issues:
      • Assets received from division sufficient to provide for Wife
  3. Maintenance for Child
    • Outcome: The court held that the Husband and the Wife are each responsible for their individual shares of $2,250.00 for E's maintenance.
    • Category: Substantive
    • Sub-Issues:
      • Tertiary education overseas

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Child

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Law

11. Industries

  • Construction
  • Maintenance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the principle that the interim judgment date should be the default operative date for the assessment of matrimonial assets.
AUA v ATZUnknownYes[2016] 4 SLR 674SingaporeCited as an example where a date before the interim judgment date was considered due to a formal separation agreement.
CLD v CLEUnknownYes[2021] SGHCF 12SingaporeCited as an example where a date before the interim judgment date was considered because there was no longer a matrimonial home, no marital relationship, and no right to conjugal rights.
Oh Choon v Lee Siew LinUnknownYes[2014] 1 SLR 629SingaporeCited to show that the date a party leaves the matrimonial home cannot be accepted, without more, as a sign that the marriage ended at that date.
WAS v WATUnknownYes[2022] SGHCF 7SingaporeCited for the principle that the operating date for determining the valuation of matrimonial assets should be the date of the ancillary matters hearing, but bank accounts and CPF accounts are taken at the IJ date.
VTU v VTVUnknownYes[2022] SGHCF 23SingaporeCited for the principle that the operating date for determining the valuation of matrimonial assets should be the date of the ancillary matters hearing, but bank accounts and CPF accounts are taken at the IJ date.
VOW v VOVUnknownYes[2023] SGHCF 9SingaporeCited for the principle that the operating date for determining the valuation of matrimonial assets should be the date of the ancillary matters hearing, but bank accounts and CPF accounts are taken at the IJ date.
TNL v TNK and another appeal and another matterUnknownYes[2017] 1 SLR 609SingaporeCited for the principle that when divorce proceedings are imminent, or after interim judgment, but before the ancillaries are concluded, if one spouse expends a substantial sum, that sum has to be included in the assets if the other spouse is found to have at least a putative interest in it and had not agreed.
ANJ v ANKUnknownYes[2015] 4 SLR 1043SingaporeCited as not relevant because this was a long single-income marriage.
AUA v ATZUnknownYes[2016] 4 SLR 674SingaporeCited for the principle that the duty to maintain children is shared by both parents.
TIT v TIUUnknownYes[2016] 3 SLR 1137SingaporeCited for the principle that the duty to maintain children is shared by both parents.
VIG v VIHUnknownYes[2021] 3 SLR 1145SingaporeCited for the principle that an upward adjustment has been given in situations where the assets available for division is extraordinarily large and all of that was accrued by one party’s exceptional effort.
CLS v CLTUnknownYes[2022] 2 SLR 1043SingaporeCited for the principle that an upward adjustment has been given in situations where the assets available for division is extraordinarily large and all of that was accrued by one party’s exceptional effort.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealUnknownYes[2011] 2 SLR 1157SingaporeCited for the principle that an upward adjustment has been given in situations where the assets available for division is extraordinarily large and all of that was accrued by one party’s exceptional effort.
Chan Tin Sun v Fong Quay SimUnknownYes[2015] 2 SLR 195SingaporeCited for the principle that strong evidence is needed to find a “negative contribution” by a spouse.
TQU v TQTCourt of AppealYes[2020] SGCA 8SingaporeCited for the principle that strong evidence is needed to find a “negative contribution” by a spouse.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Interim judgment date
  • Operative date
  • Division ratio
  • Maintenance
  • Homemaker
  • Sole breadwinner
  • Joint accumulation
  • Separation
  • Financial contribution

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Family Law
  • Singapore
  • High Court
  • Division of Assets
  • Child Maintenance
  • Spousal Maintenance

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Maintenance85
Child Support70
Child Custody60
Evidence30
Civil Procedure20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance