| Frequently Asked Questions |
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| Q1 |
What are the changes to the CPF Act to help ex-spouses divide their matrimonial assets? |
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| Q2 |
Can you show me an example of the CPF transfer? |
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| Q3 |
What are the member’s obligations after the Court Order is issued, before and following the transfer? |
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| Q4 |
What are the ex-spouse’s obligations following the transfer? |
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| Q5 |
I’ve got my Court Order. What do I do next? |
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| Q6 |
Is the policy change applicable to a maintenance order? |
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| Q7 |
What happens if the member dies before the order is effected? |
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| Q8 |
My divorce is settled and an order on division of matrimonial assets was granted before 1 Oct 07. Can I send the order to CPF Board? Can I vary the order to benefit from the new CPF laws? |
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| Q9 |
After the transfer has been done, I reached a different agreement with my ex-spouse. Can we undo the transfer? |
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| Q10 |
How long will CPF Board take to process any such order? |
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| Q11 |
As a spouse, what are my options if I am not a CPF member? |
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| Q12 |
As a spouse, what are my options if I am an undischarged bankrupt? |
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| Q13 |
What is the difference between a charging order and a CPF transfer? |
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| Q14 |
Why is a transfer of CPF to the ex-spouses’ CPF accounts allowed before the members meet their Minimum Sum and Medisave Minimum Sum requirements? |
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| Q15 |
Could the ex-spouses request the money to be given in cash, instead of transfers between accounts? If no, why? |
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| Q16 |
Can the ex-spouses withdraw the CPF savings immediately to meet their living expenses? |
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| Q17 |
Could the ex-spouses request the savings from the members’ Ordinary Account to be transferred to their Medisave or Special/Retirement Account? If not, why? |
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| Q18 |
What happens if the savings in my various CPF Accounts are not enough for the transfer to my ex-spouse’s corresponding CPF Accounts? |
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| Q19 |
I am the ex-spouse. Is there a cap on the CPF transfers to be made to my CPF Accounts under this? |
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| Q20 |
Can the courts order the CPF savings in my Living Expenses Account be transferred to my ex-spouse? |
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| Q21 |
If the court has ordered a charging order, how do I withdraw my ex-spouse’s CPF savings? |
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| Q22 |
I have submitted the withdrawal application form. How soon can I receive the payment? |
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| Q1 |
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| A1 |
When couples divorce, the court may divide the matrimonial assets acquired during the couples’ marriage, including CPF savings. The court could allocate a share of the members’ CPF savings to the ex-spouses by placing a charge on the members’ CPF to secure the ex-spouses’ entitlement. This is because members are only allowed to withdraw their CPF savings under Section 15 of the CPF Act, typically when members turn age 55 and ex-spouses can only receive their entitlement in cash then.
The policy change gives the courts greater flexibility in the division of CPF-related matrimonial assets in a divorce.
The CPF Act has been amended to allow the courts to make an order for an immediate transfer of CPF savings to the ex-spouses’ CPF account if the ex-spouses are Singapore citizens or Permanent Residents (PRs). They will have certainty over the amount they receive, as it is no longer limited by the amount of CPF savings that the members could withdraw when they are eligible to do so.
The CPF savings will be transferred to the ex-spouse’s Ordinary Account (OA), Medisave Account (MA), Special Account (SA) and/or Retirement Account (RA) according to the accounts they originally resided in. |
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| Q2 |
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| A2 |
Example
The court has ordered that the CPF Board shall, from the total savings of the member as at the date of the Court Order in the following CPF Account(s) of the member, transfer the amount(s) specified in the Court Order as follows to the ex-spouse’s CPF account(s):
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Member’s CPF account(s) to transfer from |
Amount to transfer |
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Ordinary Account |
S$80,000 |
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Special Account |
S$10,000 |
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Medisave Account |
S$25,000 |
Member’s & Ex-Spouse’s Account Profiles As At 15 Oct 07 Before Transfer
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Member |
Ex-Spouse |
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Age |
40 |
39 |
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Ordinary Account |
$150,000 |
$ 7,000 |
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Special Account |
$ 9,000 |
$ 5,000 |
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Medisave Account |
$ 33,000 |
$14,500 |
Member’s & Ex-Spouse’s Account Profiles As At 15 Oct 07 After Transfer
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Member |
Ex-Spouse |
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Age |
40 |
39 |
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Ordinary Account |
$70,000 |
$87,000 |
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Special Account |
$ 0 |
$14,000 |
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Medisave Account |
$ 8,000 |
$39,500 |
Notes
- The member and the ex-spouse are below 55.
- There are sufficient balances in the member’s OA and MA for the transfer. However, there is insufficient balance in the member’s SA for the transfer. Only the available balance in the member’s SA can be transferred1.
- The Medisave Contribution Ceiling (MCC) is $37,000. So if the ex-spouse has already reached her ceiling, the excess will be transferred to the ex-spouse’s SA as he or she is below 55 years old.
1 Situation of insufficient balances to fully effect the transfer is explained in Q&A 18. |
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| Q3 |
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| A3 |
CPF Savings
The member is obliged to comply with the Court Order and shall not withdraw/transfer or attempt to withdraw/transfer any amount that the ex-spouse is entitled to under the Court Order. Following the transfer of the member’s CPF to the ex-spouse’s CPF Account(s), the member will then be free to use his/her CPF subject to the applicable CPF laws and terms and conditions of the CPF scheme(s) he/she intends to participate in.
Loans or grants taken by the member which are repayable or refundable to the Government must be repaid or refunded first before the transfer of CPF savings can take place. Grants include housing grants from HDB and HOPE (Home Ownership Plus Education) from MCYS. |
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| Q4 |
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| A4 |
Once CPF Board has given effect to the Court Order and transferred the member’s CPF to the ex-spouse’s CPF, he/she can then withdraw the CPF for approved uses such as housing, investment and education. |
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| Q5 |
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| A5 |
Assuming you have lawyers representing you, your lawyers would have to serve the Court Order on CPF Board for CPF Board’s follow up action. If you are acting in person, you are advised to serve the Court Order on the CPF Board. All Court Orders relating to matrimonial proceedings which involve actions to be taken by CPF Board are to be served personally at the Retirement Schemes Department, Applications Section at 79 Robinson Road CPF Building Singapore 068897. |
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| Q6 |
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| A6 |
No, maintenance is separate from the division of matrimonial assets and represents a debt owed by the member to the ex-spouse. CPF savings cannot be used for maintenance as section 24 of the CPF Act protects CPF savings from being seized or attached by creditors to satisfy any debt or claim. |
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| Q7 |
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| A7 |
Provided that the Court Order is served on the CPF Board in a timely manner and the member’s CPF savings have not been distributed to either the nominees or the Public Trustee, the CPF Board would effect the Court Order and transfer the deceased member’s CPF to the ex-spouse’s CPF account(s) accordingly. |
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| Q8 |
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| A8 |
Yes, you can send the order to CPF Board. CPF Board would effect the order as directed but it would follow the law before 1 Oct 07.
You may apply to the court to vary the order but it is up to the court to decide if existing Court Orders can be amended to benefit from the new CPF rules. Please seek your own legal advice on this. |
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| Q9 |
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| A9 |
The CPF Board has no power under CPF laws to reverse the transfer after the CPF Board has effected the Court Order which directs such a transfer. Please seek your own legal advice on this. |
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| Q10 |
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| A10 |
The CPF Board will transfer the CPF savings within a practicable period and parties and their lawyers would be informed after the transfers have been effected. |
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| Q11 |
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| A11 |
Singapore citizens/PRs If you are a Singapore citizen/PR but not a CPF member, the court may order a transfer of the member’s CPF (money and or proceeds from the sale of properties/investments) to your CPF account. You may also request the court to order a transfer of the member’s property/investment to you.
Upon receipt of the Court Order, CPF Board will create an account for you if you do not have one.
Foreigners If you are a foreigner and not a CPF member, you can only obtain a charge against the member’s CPF savings and sale proceeds from properties and CPF investments. The CPF savings can only be paid to you when the member qualifies for CPF withdrawals. |
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| Q12 |
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| A12 |
The court can still order a transfer of the member’s CPF savings to you in the division of matrimonial assets. |
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| Q13 |
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| A13 |
Charging Order The courts can order a charge to be placed on a member’s CPF savings. Such an order, known as charging order, will entitle the ex-spouse to receive the CPF savings in cash when the member is allowed to withdraw his savings under Section 15 of the CPF Act. The charging order made by the courts is subject to the principles laid down by the Courts of Appeal in Central Provident Fund Board v Lau Eng Mui [1995] 3 SLR 109 and the relevant CPF laws and regulations.
CPF Transfer A CPF transfer involves the courts ordering an immediate transfer of a member’s CPF to the ex-spouse’s CPF under the division of CPF savings in a divorce. The ex-spouse can have immediate access to these CPF savings, as opposed to waiting till the member’s withdrawal at 55 or when the member is entitled to withdraw. |
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| Q14 |
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| A14 |
There is no change to retirement adequacy of members and their ex-spouses taken together. However, the courts now have greater flexibility in the division of matrimonial assets in a divorce to facilitate smooth and equitable distribution of CPF savings. That would give ex-spouses certainty over the amount they receive. |
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| Q15 |
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| A15 |
No. The policy is for the transfer of CPF savings from the members’ account to the ex-spouses’ CPF account to allow the ex-spouses to be given immediate access to the members’ CPF to meet their own retirement, housing and medical needs in a divorce. |
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| Q16 |
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| A16 |
No. The ex-spouses have to meet the withdrawal conditions under Section 15 of the CPF Act. Typically, they have to turn 55 before they can withdraw the CPF savings to meet their living expenses. They can, however, withdraw the CPF savings for approved CPF uses such as housing, investment and education. |
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| Q17 |
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| A17 |
The transfers of CPF savings are to the corresponding CPF accounts only. Therefore, the savings from the members’ Ordinary Account will be transferred to the ex-spouses’ Ordinary Account. Ex-spouses may then transfer CPF savings from their Ordinary Account to other accounts in accordance with CPF laws if they so wish. |
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| Q18 |
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| A18 |
The courts would have ascertained your CPF balances before directing the transfer. However, the Board can only effect the transfer based on the available balances in your CPF Accounts to your ex-spouse’s CPF Accounts upon receipt of the Order of Court. |
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| Q19 |
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| A19 |
No, there is no cap on the CPF transfers if so ordered by the courts. It is up to the courts to decide on the division of matrimonial assets and how much can be transferred to your CPF Account. However, the member’s latest CPF Statement of Account should be made available to the courts so that they have accurate information on the amount of CPF funds available for the transfer. |
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| Q20 |
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| A20 |
Yes, the CPF savings in your Living Expenses Account can be transferred to your ex-spouse if your ex-spouse has a Living Expenses Account and has not set aside the required amount in this account. |
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| Q21 |
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| A21 |
You will need to complete the withdrawal application form. |
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| Q22 |
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| A22 |
Once we have received the completed withdrawal application form, your application will be processed and the monies will be paid to you within two weeks through Inter-Bank GIRO or three weeks via a CPF Withdrawal Cheque. |
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