Divorcesettlement finalized for expat couple in Singapore, determining division of assets and spousal maintenance
In a recent divorce case, XRM (husband) (claimant) v XRN (wife) (defendant), a high-profile case involving a US couple who are permanent residents of Singapore, the court has made a significant ruling on the division of matrimonial assets.
The husband, a design manager earning SGD 111,951.33 per month, was represented by Jayesh Kishor Melvani and Khwaja Imran Hamid of Tan Rajah & Cheah, while the wife, a regional marketing manager, was represented by Hing Wei Yuen Angelina and Andrew Koh Zhiwei of Integro Law Chambers.
The financial fallout of the marriage was worth SGD 8.37 million (USD 6.6 million). In assessing contributions, the court attributed 57% of direct financial input to the husband and 43% to the wife. The husband was ordered to receive 55% of the matrimonial pool, while the wife received 45%.
One of the contentious issues in the case was the ownership of 11,285 Apple shares, valued at USD 201 each, totaling USD 2.9 million. The husband maintained that the shares were held on trust for him, but the court found that the transfers were for tax planning and that a resulting trust would normally arise in favor of the husband. However, the illegality of framing the transfers as 'gift-tax exemptions' designed to mislead tax authorities barred the trust's enforceability. As a result, legal ownership of the contested Apple shares remains with the wife.
The wife claimed that 8,000 Apple shares transferred by the husband were a gift to compensate for financial, emotional, and physical sacrifices made during the marriage. However, the court declined to make any order for spousal maintenance, despite the wife's claims of financial insecurity.
A portion of the wife's Hong Kong flat, purchased before the marriage, was included in the divisible pool due to mortgage payments made during the marriage. The court ruled that investment accounts should be valued at the AM hearing date, not at the date of the interim judgment.
In assessing indirect contributions, the court treated them equally at 50:50. The husband's financial support was considered during IVF procedures, while the wife's personal sacrifices in undergoing the procedures were also taken into account. Indirect contributions were weighted at 30%, with direct contributions weighted at 70%.
The divorce proceedings were initiated in 2024, and the interim judgment for divorce was granted in March 2024. Despite the wife's request for maintenance, the judge remained unpersuaded, citing her current monthly income of SGD 5,000 and her soon receiving a sizeable share of the matrimonial pool.
This case serves as a reminder of the complexities involved in high-value divorce cases and the importance of proper representation and thorough assessment of contributions, both direct and indirect.
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