Q I HAVE been married for 18 years, and have been a housewife since I was married. I have a teenage son.
We live in a five-room HDB flat fully paid for by my husband with his Central Providend Fund (CPF) savings. My husband is a sales and marketing manager drawing a salary of $8,000 per month.
He has resigned and will be out of a job soon.
He currently has about $200,000 in his CPF account and $50,000 of share investments bought with CPF savings.
He has been giving me $2,500 per month for maintenance over the past three years.
We are getting divorced. What is the maximum and minimum percentage that I will get for the matrimonial flat?
As he will turn 55 next year and will be getting his CPF money, I will want to stake a claim on the money.
Will I be able to lay claim to all his CPF money or is there a provision to protect a certain portion for his retirement?
Is the CPF money accumulated before marriage and used to purchase the matrimonial flat divisible upon divorce?
What will be the maximum and minimum percentage that I can claim of his CPF money?
As he will be out of a job soon, please also advise on the amount of maintenance for myself and my son, and my son's future university fees.
A The matrimonial flat and other matrimonial assets will be divided according to each party's direct and indirect contributions towards the acquisition of these assets.
The court will apportion you a percentage of the flat based on your contributions during the marriage - for example, managing the household, taking your child to school, and coaching him in his studies.
The court has previously awarded percentages ranging from 20 per cent to 50 per cent in cases similar to yours.
You can also make a claim on his CPF money as it is also a matrimonial asset.
However, do note that the CPF Board has a right to retain a minimum sum as a retirement sum.
For example, assume the court orders you to be paid $100,000 from his CPF account upon his reaching 55 years of age and that the CPF minimum sum is $94,600.
This would mean that when he reaches 55, out of the $200,000 your husband has in his CPF account currently, you will receive your $100,000, the CPF Board will retain $94,600 and the remaining $5,400 will be released to your husband.
However, if the CPF minimum sum is $105,000, the CPF Board will retain $105,000, you will receive $95,000, and will have to seek enforcement of the remaining $5,000 against your husband in other ways.
The court traditionally awards a different percentage for other matrimonial assets.
It can range from 10 per cent to 30 per cent in cases similar to yours.
The CPF monies which you can make a claim on will have to be that which were acquired during the marriage.
CPF monies acquired before the marriage and for the flat would already have been accounted for in the division process.
With regard to his impending unemployment, the court will take note that it is self-induced.
His duty to maintain you and your son remains, and the court will take into account his income capacity as well as his financial position. He has a duty to seek re-employment quickly.
Nicole Loh
Lawyer
Harry Elias Partnership
Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail questions to chanteik@sph.com.sg 
