Home
Singapore Government
Contact Info | Feedback | Sitemap
 
Home| About Us | News | Join Us | Useful Links
  Members > Life Events > Making An Investment > FAQs on Distribution of CPF Savings in Matrimonial Proceedings Printer Friendly Version
Bookmark and Share
::: Members :::
Employers
Business Partners
my cpf Online Services
  Get Started
View Online Demo
 
  I want to:

::: Quick Links :::
 Buying A House 
 Getting Married 
 Having Children 
 Hiring Employees 
 Living Overseas 
 Losing A Loved One 
 Making An Investment 
 Managing Your Retirement 
 my cpf Online Services 
 Providing For Your Healthcare Needs 
 Reaching 55 
 Starting A Business 
 Starting Work 
  
Distribution of CPF Savings in Matrimonial Proceedings
 

Frequently Asked Questions
 
Q1 

I am required to give some of my CPF Investment Scheme (CPFIS) investments to my ex-spouse as specified in the Court Order. What should I do after receiving the Court Order?

 

Q2 

What are the options available to my ex-spouse in the division of my CPFIS investments as part of the divorce proceedings?

 

Q3 

What are the criteria to be fulfilled by my ex-spouse before my investments could be transferred to him/her? What are the options available to my ex-spouse who could not fulfill the criteria?

 

Q4 

What are the obligations that my ex-spouse assumes when my investments are transferred to him/her?

   
Q5 

Why do I have to effect the transfer/sale of investments? What happens if I do not come forward to effect the transfer/sale of investments?

   
Q6 

Who should bear the costs incurred for such transfer/sale? Can CPF savings be used to pay such costs?

   
Q7 

Which investments can be transferred? Which investments have to be liquidated for proceeds to be transferred? Which financial intermediaries to approach for transfer/liquidation of investments?

   
Q8 

Can the cash balance in the member’s Investment Account be transferred?

   
Q9 

What happens if the member passes away before the order is effected?

   
 

   
Q1 I am required to give some of my CPFIS investments to my ex-spouse as specified in the Court Order. What should I do after receiving the Court Order?

A1

If the Court Order involves the division of your CPF assets, you or the lawyer representing you should serve the Court Order personally on CPF Board at the Retirement Schemes Department, Applications Section at 79 Robinson Road CPF Building Singapore 068897.

You should also proceed to execute the transfer/liquidation of your investments in accordance with the Court Order. Please refer to the step-by-step guide for more details on how a transfer/sale of CPFIS investments is effected from you to your ex-spouse.


Back To Top

Q2 What are the options available to my ex-spouse in the division of my CPFIS investments as part of the divorce proceedings?

A2

If your ex-spouse is a CPF member who is a Singaporean or Permanent Resident (PR), he/she can request the Court to make an order for CPF Transfer or Charging Order.

CPF Transfer
A CPF transfer involves the Court ordering:

i)  an immediate transfer of your investments to your ex-spouse; or

ii) your investments to be liquidated and the sale proceeds to be transferred to your ex-spouse.

Charging Order
The Court can order a charge to be placed on your investment sale proceeds. This entitles your ex-spouse to withdraw the sale proceeds in cash only when you turn 55 years old or when you are entitled to withdraw your CPF savings earlier on other grounds after you have set aside the Required Minimum Sum and Medisave Required Amount.

If your ex-spouse is a foreigner, he/she can only request the Court to make a Charging Order. Your ex-spouse will be able to withdraw the sales proceeds in cash when you turn 55 years old or when you are entitled to withdraw your CPF monies earlier on other grounds. Unlike an ex-spouse who is Singaporean or a PR, a foreign ex-spouse will not be subjected to the member having to set aside the Required Minimum Sum and Medisave Required Amount before getting his/her entitlement. This is a concession to foreign ex-spouses to ensure equitable treatment between foreign and Singaporean/PR ex-spouses as foreign ex-spouses do not have immediate access to their entitlement and will have to wait until members turn 55 years old.


Back To Top

Q3 What are the criteria to be fulfilled by my ex-spouse before my investments could be transferred to him/her? What are the options available to my ex-spouse who could not fulfill the criteria?

A3

Before your investments could be transferred to your ex-spouse, he/she must be a CPF member who is Singaporean or PR and 21 years old and above. If your ex-spouse is below 21 years old, he/she could consider requesting the Court to order your investments to be liquidated and the sale proceeds to be transferred to his/her CPF accounts.


Back To Top

Q4 What are the obligations that my ex-spouse assumes when my investments are transferred to him/her?

A4

When your investments are transferred to your ex-spouse, he/she will be subjected to the CPFIS rules (e.g. investments are subject to stock/gold limits, types of investments CPF savings could be used) so as to ensure his/her own retirement adequacy.

If your ex-spouse sells the transferred investments, the sale proceeds will be credited to his/her Ordinary and/or Special Accounts, where applicable. The amount will be subject to CPF rules and can only be withdrawn when he/she meets the withdrawal conditions under Section 15 of the CPF Act.

Your ex-spouse will have to pay bank charges for the transferred investments that he/she continues to hold in his/her Investment Account. Such charges can be paid using his/her Ordinary Account savings.


Back To Top

Q5 Why do I have to effect the transfer/sale of investments? What happens if I do not come forward to effect the transfer/sale of investments?

A5

You are solely responsible for presenting the Court Order and/or completing the necessary forms at the relevant financial intermediaries to effect the transfer/sale of investments because the financial intermediaries require authorisation and instruction from the owner, i.e. you.

If you do not sign the transfer form, your ex-spouse may apply to the Court for the Registrar of Court to sign the transfer form on your behalf. Your ex-spouse will need to furnish the required information (eg, Divorce Petition number, both of your names, contact numbers, CPF account numbers, Investment Account numbers, names of agent banks, name of your investments, name of financial intermediaries, etc) to complete the transfer form.

If you do not sell the investments as ordered, and the investments are such that they cannot be sold without instruction being given personally by you (as required by the financial intermediaries), your ex-spouse may request for the Court Order to be varied to transfer your investments to him/her instead. As this depends on the nature of the investments, your ex-spouse should make the necessary enquiries with the financial intermediaries concerned before obtaining the appropriate order.


Back To Top

Q6 Who should bear the costs incurred for such transfer/sale? Can CPF savings be used to pay such costs?

A6

You bear all costs unless otherwise stated in the Court Order. You may use cash, CPF savings or sale proceeds to pay agent banks and product providers to process the transfer or sale.


Back To Top

Q7 Which investments can be transferred? Which investments have to be liquidated for proceeds to be transferred? Which financial intermediaries to approach for transfer/liquidation of investments?

A7

Please refer to the step-by-step guide for the details.


Back To Top

Q8 Can the cash balance in my Investment Account be transferred?

A8

Yes, cash balances in your Investment Account can be transferred but you have to initiate the transfer of cash balance from your Investment Account to your Ordinary Account first before CPF Board can transfer the balance to your ex-spouse’s Ordinary Account.


Back To Top

Q9 What happens if I pass away before the order is effected?

A9

Your Estate will effect the transfer or sale of investments on your behalf as set out in the Court Order. Your ex-spouse is advised to consult his/her lawyer on how to complete the transfer. Such matrimonial assets belonging to your ex-spouse under the Court Order will not be subject to estate duty payable by your Estate.


Back To Top

 

 Last Updated on: Wednesday, August 10, 2011 at 5:29 PM
Footer Privacy statement Terms of use