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Wives may have to provide for husbands under proposed Women’s Charter review

SINGAPORE — Providing for a spouse may soon become a wife’s legal responsibility, too — even after a divorce — but only if the man becomes unable to work due to physical or mental disabilities or illness.

SINGAPORE — Providing for a spouse may soon become a wife’s legal responsibility, too — even after a divorce — but only if the man becomes unable to work due to physical or mental disabilities or illness.

This is one of several changes the Ministry of Social and Family Development (MSF) has proposed for the Women’s Charter, after a committee tasked to review family justice laws recommended more equity between genders in maintenance matters.

Putting up proposed changes to the statute for feedback from the public until Nov 8, the ministry said there have been calls over the years to extend spousal maintenance to men. But from its talks with various groups, the ministry found that society is still not ready for women to shoulder the same responsibility as men.

So, it is proposing that maintenance be extended only to a “small group” of men who need support from their wives or ex-wives after they lose the ability to work because of physical or mental disabilities or illness.

The court will consider the woman’s financial circumstances and needs of the children before ordering for maintenance to be paid, just as it does currently when considering women’s maintenance claims.

The MSF said: “Support given to these men is in line with our philosophy of family as the first line of support, and the mutual help expected of spouses.”

It declined to reveal specific numbers on the number of men who could be impacted by this proposed change.

Calls to extend maintenance to men were brought into focus last year when a High Court judge rejected a woman’s S$120,000 maintenance claim for her ex-husband, adding that awarding even a token sum would be wrong if protection is not needed. In that case, the woman earned more than the man, and had more assets than him.

Commenting on the proposal yesterday (Oct 19), Singapore Council of Women’s Organisations’ president Malathi Das said it is a recognition of women’s stronger financial ability in some circumstances. “The reality is that patriarchal thinking still exists in Singapore and some may find it unthinkable for a wife or ex-wife to have to maintain her husband, incapacitated as he might be,” she said. But Ms Das said there should also be gender parity in other areas, such as wages and parenting duties.

The Association of Women for Action and Research (AWARE) said maintenance should be based on fairness, and suggested that men assuming the primary role in caregiving or household labour should also be eligible for maintenance.

Family lawyers said the proposed change reflects the increasing number of working women in society.

Mr Yap Teong Liang of TL Yap Law Chambers said: “The question is, ‘Is it a right time to move at least incrementally ... in a situation where the husband cannot fend for himself?’ If the wife can afford it, why should there be no contribution?”

Mr Yap felt the proposed amendments could have gone further to include men who have given up a financially rewarding career for their families.

Another proposed change to the Women’s Charter is to allow women or girls requiring protection to be placed under the care of a close friend or relative. Ms Petrine Lim, principal social worker at Fei Yue Community Services, said while this is already informally done, changing the statute and coming up with official guidelines could help social workers in making the call.

Other proposed changes to the statute include mandating that divorcing parents with children aged below 21 go through parenting programmes by specialist agencies before they file for divorce. Voiding marriages of convenience once a party is convicted is another proposed change.

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