BOI v BOJ: Division of Matrimonial Assets After 23-Year Marriage; Lottery Winnings & Contributions

In BOI v BOJ, the Court of Appeal of Singapore heard an appeal by the wife, BOI, against the High Court's decision on ancillary orders in divorce proceedings, specifically regarding the division of matrimonial assets and maintenance. The court addressed whether lottery winnings constitute matrimonial assets and how they should be attributed. The Court of Appeal allowed the appeal in part, adjusting the ratio of direct contributions to reflect equal attribution of a significant lottery win.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning division of matrimonial assets after a 23-year marriage. The court addressed the treatment of lottery winnings as matrimonial assets and their attribution.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BOIAppellant, PlaintiffIndividualAppeal allowed in partPartial
BOJRespondent, DefendantIndividualCosts order set asideNeutral

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJudge of AppealYes
Belinda Ang Saw EanJudgeNo
Woo Bih LiJudgeNo

4. Counsels

Counsel NameOrganization
Linda Joelle OngEngelin Teh Practice LLC
Lim Xiao Wei CharmaineEngelin Teh Practice LLC
N. Sreenivasan SCK&L Gates Straits Law LLC
Lim Shu FenK&L Gates Straits Law LLC

4. Facts

  1. The Appellant and Respondent were married for 23 years.
  2. The Appellant is 55 years old, and the Respondent is 63 years old.
  3. The parties have two children, aged 22 and 20.
  4. The Judge ordered the matrimonial assets to be divided 42% to the Appellant and 58% to the Respondent.
  5. The Judge made no order for maintenance for the Appellant.
  6. The Respondent won $1.25m in a lottery in 2002.
  7. The lottery winnings were used to repay the mortgage loans for the matrimonial home.

5. Formal Citations

  1. BOI v BOJ, Civil Appeal No 93 of 2018, [2019] SGCA 30

6. Timeline

DateEvent
Divorce Transfer No 6179 of 2013 filed
Judgment reserved
Judgment delivered
Respondent won $1.25m lottery
Parties separated
Interim judgment of divorce granted

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court held that lottery winnings constitute a matrimonial asset and should be attributed equally unless proven otherwise.
    • Category: Substantive
    • Sub-Issues:
      • Attribution of lottery winnings
      • Direct and indirect contributions
    • Related Cases:
      • [2002] 1 SLR(R) 246
      • [2019] 3 SLR 504
      • [2007] 3 SLR(R) 743
      • [2006] SGHC 50
      • [2011] EWHC 2637 (Fam)
      • [2017] SGFC 102
      • [2016] FamCAFC 45
      • (1995) 19 Fam LR 797

8. Remedies Sought

  1. Division of Matrimonial Assets in an 80:20 ratio in favor of the Appellant
  2. Maintenance for the Appellant

9. Cause of Actions

  • Division of Matrimonial Assets
  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ng Sylvia v Oon Choon Huat Peter and anotherSingapore High CourtYes[2002] 1 SLR(R) 246SingaporeCited regarding the inclusion of property purchased with lottery winnings in the pool of matrimonial assets.
UMU v UMT and another appealSingapore High CourtYes[2019] 3 SLR 504SingaporeCited for the discussion on lottery winnings and their connection to the characteristics of matrimonial assets.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle of marriage as an equal co-operative partnership of efforts.
LV v LW (divorce: ancillary matters)Singapore High CourtYes[2006] SGHC 50SingaporeCited as a case where the judge assumed that lottery winnings could constitute a matrimonial asset.
S v AG (Financial Remedy: Lottery Prize)English High CourtYes[2011] EWHC 2637 (Fam)England and WalesCited and respectfully differed from regarding the approach to lottery winnings as matrimonial property.
UFI v UFJDistrict Judge in the Family CourtYes[2017] SGFC 102SingaporeCited regarding the importance of the source of funds for the purchase of the winning ticket.
Elford & ElfordFull Court of the Family Court of AustraliaYes[2016] FamCAFC 45AustraliaCited as one possible situation where the parties kept their assets and finances separate throughout.
In the Marriage of R M and D ZykFull Court of the Family Court of AustraliaYes(1995) 19 Fam LR 797AustraliaCited regarding the treatment of lottery winnings as joint contributions.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Lottery winnings
  • Direct contributions
  • Indirect contributions
  • Division of assets
  • Equal co-operative partnership
  • Windfall
  • Matrimonial home

15.2 Keywords

  • matrimonial assets
  • division of assets
  • divorce
  • family law
  • lottery winnings
  • Singapore
  • ancillary orders

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Division of Matrimonial Property90
Maintenance70
Women’s Charter60
Lottery Winnings50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Division of Assets