WVN v WVO: Appeal on Matrimonial Assets and Spousal Maintenance
In the Family Justice Courts of Singapore, the appellant, WVN (the Wife), appealed against the decision of the District Judge (DJ) regarding ancillary matters in her divorce from the respondent, WVO (the Husband). The appeal concerned the valuation of Performance Share Units (PSUs), the quantum and duration of spousal maintenance, and backdated maintenance. Choo Han Teck J allowed the appeal, ordering the Husband to disclose the value of the 2021 PSUs and pay the Wife one-sixth of their total value, as well as increasing prospective and backdated spousal maintenance.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeal Allowed
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the valuation of PSUs, spousal maintenance quantum and duration, and backdated maintenance in a divorce case.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WVN | Appellant | Individual | Appeal Allowed | Won | Loo Ming Nee Bernice, Tan Si Ying Gloria |
| WVO | Respondent | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Loo Ming Nee Bernice | Allen and Gledhill LLP |
| Tan Si Ying Gloria | Allen and Gledhill LLP |
4. Facts
- The Wife and Husband were married on 20 June 2005.
- The Wife filed for divorce on 28 January 2022.
- The Husband was employed by Company A from February 2020 to 31 May 2023.
- Company A granted the Husband PSUs on 19 March 2021, 2 March 2022, and 21 February 2023.
- The DJ valued the PSUs at S$0.
- The DJ awarded the Wife S$1,500 for 18 months for spousal maintenance.
- The DJ awarded the Wife backdated maintenance of S$1,500 from October 2021 to May 2023.
5. Formal Citations
- WVN v WVO, District Court Appeal No 24 of 2024, [2024] SGHCF 32
6. Timeline
| Date | Event |
|---|---|
| Parties married in the United States | |
| Husband employed by Company A | |
| Company A granted Husband PSUs | |
| Wife filed for divorce | |
| Parties obtained interim judgment of divorce | |
| Husband's last day of employment at Company A | |
| 2021 PSUs vested | |
| Judgment reserved | |
| Judgment |
7. Legal Issues
- Valuation of Performance Share Units (PSUs)
- Outcome: The court held that the time rule should be applied to pro-rate the number of PSUs to be included as matrimonial assets and ordered the Husband to disclose the value of the vested PSUs and pay the Wife one-sixth of their total value.
- Category: Substantive
- Sub-Issues:
- Pro-rating of PSUs
- Valuation of unvested PSUs
- Related Cases:
- [2002] 1 SLR(R) 76
- 154 Cal. App. 3d 780
- [2023] SGHCF 10
- Spousal Maintenance
- Outcome: The court increased the prospective spousal maintenance to $2,000 per month without any time limit and ordered the Husband to pay backdated maintenance for the period of October 2021 to January 2024.
- Category: Substantive
- Sub-Issues:
- Quantum of spousal maintenance
- Duration of spousal maintenance
- Backdated spousal maintenance
8. Remedies Sought
- Appeal against the decision on ancillary matters
- Increase in spousal maintenance
- Valuation of PSUs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Teck Hock David v Leong Mei Chuan | High Court | Yes | [2002] 1 SLR(R) 76 | Singapore | Cited for the time rule to pro-rate the number of PSUs to be included as matrimonial assets. |
| In re Marriage of Hug | Court of Appeal of California | Yes | 154 Cal. App. 3d 780 | California | Cited for the time rule to pro-rate the number of PSUs to be included as matrimonial assets. |
| CXR v CXQ | High Court (Family Division) | Yes | [2023] SGHCF 10 | Singapore | Cited for the principle that stock options are choses in action and the time rule applies to unvested stock options on the IJ date. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Performance Share Units
- PSUs
- Matrimonial Assets
- Spousal Maintenance
- Time Rule
- Vesting Date
- Interim Judgment
15.2 Keywords
- divorce
- matrimonial assets
- spousal maintenance
- performance share units
- PSUs
- family law
- singapore
16. Subjects
- Family Law
- Divorce
- Ancillary Matters
- Valuation of Assets
- Spousal Support
17. Areas of Law
- Family Law
- Matrimonial Assets
- Maintenance