Child Custody, Care and Control, and Maintenance in Singapore

Three different questions about children

When a marriage with children ends, Singapore law separates three questions that people often treat as one. Getting the vocabulary right matters, because the court can and often does split these decisions between the parents. The definitions below are taken from the Family Justice Courts’ own Divorce in Singapore: The Essentials guide.

• Custody is who makes the major decisions for the child, such as those about education, religion and serious medical treatment. In many cases the court orders joint custody, so both parents keep a say in major decisions.

• Care and control is who takes care of the child on a daily basis, that is, the parent the child lives with. Only one parent usually has care and control.

• Access is how often the parent who does not have care and control sees the child.

So a common arrangement is joint custody with care and control to one parent and access to the other. Custody is not the same as the child living with you; that is care and control.

This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation. Information last verified on 23 July 2026.

The welfare of the child comes first

Whatever the label, the court decides every question about a child by reference to the child’s welfare, which is the paramount consideration. There is no presumption in favour of either parent, and no fixed rule that a mother or a father is entitled to custody or care and control. The court looks at the actual circumstances of the child and the family.

Child maintenance

Both parents have a duty to maintain their children. On divorce, the court can order how that duty is met: a specific monthly sum from one parent, or an arrangement where one parent solely maintains the children. Maintenance for a child can continue beyond the age of 21 in certain situations, such as where the child is still in full-time education or has a disability.

Spousal maintenance

Maintenance for a spouse is a separate question. The Women’s Charter allows the court to order maintenance for a former wife, and for an incapacitated former husband. The Family Justice Courts describe the options as a menu rather than a fixed entitlement: a nominal sum (which can be as low as S$1, preserving the right to ask for more later), a specific monthly amount for a fixed period or otherwise, a one-time lump sum, or no maintenance at all.

Because it is discretionary, spousal maintenance depends on the facts, including each spouse’s earning capacity, needs and the standard of living during the marriage. It is not calculated by a formula and it is not guaranteed.

Dividing the matrimonial assets (section 112)

The division of property acquired during the marriage is governed by section 112 of the Women’s Charter. The court has power to divide the matrimonial assets in the proportions it thinks just and equitable. There is no default 50-50 split; the outcome depends on the statutory factors.

Section 112(2) sets out the factors the court weighs, which include:

• the direct financial contributions of each party to acquiring the assets;

• any debts or obligations incurred for the parties’ joint benefit or for a child;

• the needs of the children;

• the indirect contributions of each party, including looking after the home and caring for the family;

• any agreement made in contemplation of divorce about ownership and division of the assets (s112(2)(e)); and

• the period of rent-free occupation and other support given by one party to the other.

The inclusion of homemaking and caregiving contributions is important: non-financial contributions to the household are expressly recognised, not treated as secondary to income.

Where agreements fit in

Section 112(2)(e) is also the hook for prenuptial and separation agreements. Such an agreement is a factor the court must consider, but the Court of Appeal in TQ v TR and another appeal [2009] SGCA 6 confirmed it is not automatically binding. It can carry real weight on the right facts, but the court retains its discretion, and it is especially slow to enforce terms that affect a child’s maintenance or care if they are not in the child’s best interests.

A note on very high-value divorces

Practitioners report that some very high-value asset divisions, reportedly those above around S$5 million, may in practice be handled by the Family Division of the High Court rather than the Family Courts. This is a reported administrative allocation rather than a rule we can point to in a single statute, so it is worth checking the current position with an advocate and solicitor if a large estate is involved. There is no S$5 million cut-off in the Women’s Charter itself for the division of matrimonial assets.

How this fits the process

Custody, maintenance and asset division are decided as the ancillary matters, the second stage of the divorce. See the divorce process, step by step for how the two stages fit together, and the family law section for the wider map. Muslim couples have their property divided by the Syariah Court instead, as explained in the Syariah Court divorce guide.

Frequently Asked Questions

What is the difference between custody and care and control in Singapore?

Custody is about who makes the major decisions for a child, such as education and serious medical treatment; the court often orders joint custody. Care and control is about who the child lives with day to day, which usually goes to one parent. Access is how often the other parent sees the child.

How does a Singapore court decide custody?

The court decides by reference to the welfare of the child, which is the paramount consideration. There is no presumption in favour of either parent and no automatic rule that a mother or father receives custody or care and control; the court looks at the child’s actual circumstances.

How is spousal maintenance decided in Singapore?

Maintenance for a former wife or an incapacitated former husband is discretionary. The options range from a nominal sum, to a monthly amount, to a one-time lump sum, and the court can also order no maintenance. It depends on the facts and is not set by a formula.

How are matrimonial assets divided in Singapore?

Under section 112 of the Women’s Charter, the court divides matrimonial assets in the proportions it thinks just and equitable, weighing factors that include direct financial contributions, the needs of the children and non-financial contributions such as homemaking. There is no default equal split.

Do very high-value divorces go to the High Court in Singapore?

Practitioners report that very high-value asset divisions, reportedly above around S$5 million, may in practice be handled by the Family Division of the High Court. This is a reported allocation rather than a clear statutory cut-off, so check the current position with an advocate and solicitor for a large estate.