USA v USB: Division of Matrimonial Assets and Maintenance Dispute in Divorce

In the divorce case of *USA v USB* before the Family Justice Courts of Singapore, the court addressed ancillary matters concerning the division of matrimonial assets and the husband's claim for maintenance. The wife commenced divorce proceedings in July 2016, obtaining interim judgment on 16 August 2016. The court determined the appropriate ratio for division of assets, valuing the total pool at $9,626,759.63, with the husband entitled to 11%. The husband's claim for maintenance, based on alleged incapacitation due to Meniere's Disease, was denied. The court directed the parties to agree on a mode of dividing the assets within three months, failing which further directions may be sought.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Husband is entitled to 11% of the pool of matrimonial assets; maintenance claim denied.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets and a maintenance claim by the husband. The court determined the asset division ratio and denied the husband's maintenance request.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
USBDefendantIndividualPartialPartial
USAPlaintiffIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Tan Puay BoonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Josephine ChongJosephine Chong LLC
Esther YeoJosephine Chong LLC
Yap Teong LiangT L Yap Law Chambers LLC
Tan Hui QingT L Yap Law Chambers LLC

4. Facts

  1. The wife and husband were married in February 2011 and cohabited for 12 years prior.
  2. The wife commenced divorce proceedings in July 2016.
  3. The wife owns 17 residential and non-residential properties.
  4. The husband claimed incapacitation due to Meniere’s Disease.
  5. The wife primarily financed the property acquisitions.
  6. The husband sought maintenance of $2,500 per month.
  7. The wife sold the Bedok North and Woodleigh Properties after interim judgment.

5. Formal Citations

  1. USA v USB, Divorce (Transferred) No 3278 of 2016, [2019] SGHCF 5

6. Timeline

DateEvent
Parties began cohabiting.
Parties married.
Wife commenced divorce proceedings.
Interim judgment granted.
Fraser Street Property forfeited to the developer.
Hearing date.
Hearing date.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the ratio for division of assets to be 89:11 in favor of the wife, considering direct and indirect contributions, and valued the total pool of assets at $9,626,759.63.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Inclusion of pre-marital assets
      • Direct and indirect contributions
      • Weightage of contributions
  2. Maintenance for Incapacitated Husband
    • Outcome: The court found that the husband did not meet the definition of an incapacitated husband under s 113 of the Women's Charter and denied his claim for maintenance.
    • Category: Substantive
    • Sub-Issues:
      • Definition of incapacitated husband
      • Ability to earn a livelihood
      • Sufficiency of medical evidence

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Monthly Maintenance

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Claim for Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TNC v TNDSingapore Law ReportsYes[2016] 3 SLR 1172SingaporeCited for the global assessment methodology in dividing matrimonial assets.
NK v NLSingapore Law Reports (Reissue)Yes[2007] 3 SLR(R) 743SingaporeCited for the global assessment and classification methodologies in dividing matrimonial assets.
AYQ v AYRSingapore Law ReportsYes[2013] 1 SLR 476SingaporeCited for the appropriateness of the classification approach where assets lend themselves to classification.
BHN v BHOHigh CourtYes[2013] SGHC 91SingaporeCited for the proposition that acquisition of an asset refers to the continuing process of payment in mortgage installments.
THL v THMHigh Court (Family Division)Yes[2015] SGHCF 11SingaporeCited for the proposition that a property purchased prior to the marriage may constitute an asset acquired during the marriage where installments continue to be paid during the marriage.
BGT v BGUHigh CourtYes[2013] SGHC 50SingaporeCited for the proposition that, in the context of s 112(10) of the Women’s Charter, the “acquisition” of an asset refers not only to its purchase, but to the continuing process of payment for that asset in mortgage instalments.
UJF v UJGHigh Court (Family Division)Yes[2018] SGHCF 1SingaporeCited for the proposition that, in the context of s 112(10) of the Women’s Charter, the “acquisition” of an asset refers not only to its purchase, but to the continuing process of payment for that asset in mortgage instalments.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR(R) 729SingaporeCited as an example of a case where an asset acquired during the marriage was excluded from the pool of matrimonial assets due to the wife's clear dissociation from its purchase and liabilities.
ARY v ARXSingapore Law ReportsYes[2016] 2 SLR 686SingaporeCited for the principle that the identity of matrimonial assets is ascertained with reference to the date of interim judgment.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)Singapore Law Reports (Reissue)Yes[2006] 4 SLR(R) 605SingaporeCited for the requirement of a direct causal connection between contributions and improvement of an asset.
Shi Fang v Koh Pee HuatSingapore Law Reports (Reissue)Yes[1996] 1 SLR(R) 906SingaporeCited for excluding de minimis contributions from the definition of substantial improvement.
TDT v TDSSingapore Law ReportsYes[2016] 4 SLR 145SingaporeCited for the principle that the date of the ancillary matters hearing is generally adopted for valuing matrimonial assets.
TND v TNC and another appealCourt of AppealYes[2017] SGCA 34SingaporeCited for affirming the position that the date of the ancillary matters hearing is generally adopted for the purpose of valuing the matrimonial assets.
TNL v TNK and another appeal and another matterSingapore Law ReportsYes[2017] 1 SLR 609SingaporeCited for the principle that sums expended after interim judgment must be returned to the asset pool if the other spouse has a putative interest and has not consented to the expenditure.
Wan Lai Cheng v Quek Seow KeeSingapore Law ReportsYes[2012] 4 SLR 405SingaporeCited for the proposition that neither spouse is entitled to incur liabilities on any matrimonial assets for his or her sole benefit to the detriment of the other spouse upon the commencement of divorce proceedings.
JAF v JAESingapore Law ReportsYes[2016] 3 SLR 717SingaporeCited for the principle that pre-marital contributions may be taken into account in the court’s division of matrimonial assets.
Smith Brian Walker v Foo Moo ChyeDistrict CourtYes[2009] SGDC 256SingaporeCited for taking pre-marital contributions into account in the division of matrimonial assets.
Smith Brian Walker v Foo Moo Chye JulieHigh CourtYes[2009] SGHC 247SingaporeCited for upholding the District Court's decision to consider pre-marital contributions in the division of matrimonial assets.
ACY v ACZSingapore Law ReportsYes[2014] 2 SLR 1320SingaporeMentioned for considering the relevance of pre-marital contributions in the division of matrimonial assets, without expressing a definitive view.
UIG v UIHFamily CourtYes[2017] SGFC 149SingaporeCited for factoring in contributions prior to the marriage in the division of matrimonial assets.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeCited for the principle that an adverse inference will not be drawn unless there is a substratum of evidence that establishes a prima facie case against the other party that there are remaining assets which have not been disclosed to the court.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Limitation Act (Cap 163, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Incapacitated husband
  • Direct contributions
  • Indirect contributions
  • Global assessment methodology
  • Pre-marriage properties
  • Mortgage installments
  • Ancillary matters
  • Interim judgment
  • Meniere's Disease

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • Singapore
  • property division
  • incapacitated husband

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Maintenance90
Divorce85
Contract Law10
Civil Procedure5

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance