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Are gifts protected in a divorce?

In divorce cases, the status of gifts can get tricky. For instance, gifts exchanged between spouses during the marriage, like a watch or jewelry, might seem personal. But if they were purchased using marital funds—such as a salary bonus—they could be considered matrimonial assets and subject to division.

However, gifts or inheritances from third parties are generally excluded, unless they’ve been significantly improved or used for family purposes. For example, I once handled a case where an inherited property was renovated using joint savings. This improvement made it a matrimonial asset, as the couple had invested in its value together.

Lottery winnings are another interesting case. Because they don’t qualify as a gift or inheritance, winnings are treated as matrimonial assets, especially if they’ve contributed to the family—like paying off a home loan or funding a family vacation.

The court’s focus is on fairness. By examining the nature and source of the gift, as well as any changes made during the marriage, it ensures that the division of assets reflects both the contributions and the intentions behind them.

Not sure how your gifts or inheritances might be treated in a divorce? Drop a message for personalised advice.

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How MATRIMONIAL ASSETS are divided in Singapore?

In Singapore, matrimonial assets aren’t just limited to the family home. They can include CPF savings, investments, and even businesses acquired during the marriage. Did you know that even assets bought before the marriage, like a car or property, might be included if they were used by the family or improved during the marriage?

However, there are exceptions. Inheritances and gifts from third parties are typically excluded unless they were significantly enhanced or used for family purposes. For instance, if an inherited property was renovated using shared funds and became the family home, it could be included in the division.

The court takes a balanced approach, looking at both financial and non-financial contributions. For example, I’ve had cases where homemakers who sacrificed careers to care for children received fair recognition for their indirect efforts. It’s not just about who earned more—it’s about the value both spouses brought to the family.

Orders can range from selling assets and splitting the proceeds to transferring ownership to one spouse. The goal is always fairness, ensuring each party gets a share that reflects their contributions during the marriage.

Wondering how your assets might be divided in a divorce? Drop a message—I’m here to help you understand your rights.

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