Divorce and the attractive womanBefore I continue, I'd like to remind readers that we on the farm have many issues with the current outdated conception of the Women's Charter and call for a more comprehensive review/amendment. But let's focus today's discussion squarely on the problems of including a woman's attractiveness and the possibility of her remarrying in determining the quantum and/or form of her maintenance (monthly pay-outs or lump-sum).
Straits Times
K. C. Vijayan
3 June 2011, Friday
A JUDGE who asked during a divorce settlement hearing if the wife involved was attractive was not being biased, the High Court has ruled.
Dismissing a move by the woman for a judicial review of the case, Justice Choo Han Teck said that was not an irrelevant question for a judge to ask.
He said the court could take into account a woman's prospects of remarriage when deciding the financial support she should receive from her former husband, and whether it ought to be a lump sum rather than monthly payments.
Justice Choo's judgment, released yesterday, explained why he rejected the woman's application for a judicial review to set aside the court orders to settle maintenance issues between her and her former husband.
Lawyers contacted yesterday said that in deciding on maintenance for a divorced woman, the court could consider her attractiveness.
That did not mean only her looks but also other attributes, such as her character, that might affect her prospects of marrying again, said family lawyer Koh Tien Hua.
'The possibility of remarriage is one of the factors the court considers in deciding on the quantum of maintenance payments the woman should get,' he said.
Monthly maintenance payouts lapse when a woman remarries.
Family lawyer Rajan Chettiar said a woman's remarriage prospects were not a factor in the maintenance assessment, pointing to the Women's Charter and his own experience in dealing with family cases.
The Charter lists the woman's age, financial needs and status among factors to be considered when deciding on maintenance.
But the courts have the discretion to consider attractiveness as well when deciding on alimony.
Alimony is based on the idea that a man entering a marriage becomes legally obliged to provide for his wife throughout and past that marriage. ("Till death do us party; in sickness and in health, etc" ya?) The obligation however terminates when the receiving party enters into a new marriage/contract, as said woman now has a new partner who's taking on these obligations.
Upon dissolution of the marriage, the former husband is automatically obliged to provide for his ex-wife. The maintenance sum is usually dependent on the wealth and financial needs of both parties, although admittedly this is sometimes hard to pin down accurately. There are also many good reasons that people may choose to file for a lump-sum pay out (eg. ailing ex-husbands, cutting ties and moving on, etc) and we respect people's and the court's decision on this. However, we think that, by default, maintenance should be made monthly. This will, after all, be quite befitting of the term "maintenance".
By tying alimony to the *perceived* marriageability of a woman, the court not only assumes but basically frames marriage as a goal for divorcing women. While remarriage is a proposition we're perfectly all right with, should divorcees find someone new (or old) with whom they wish to reenter the institution all over again, there needs to be an understanding that a failed marriage - for many reasons - may very well mean the end of the pursuit of marriage (but not love) for many - this can have little to absolutely no relation to one's looks at all.
As learned as our judiciary may be, I doubt it's vested with the premonitory powers to accurately assess the marriageability of people. Does the courts' assessment, which apart from looks also includes "other attributes, such as her character" (OOoooOohhh, how holistic!), necessarily lead to the divorcees' getting married? What happens when changes (physical and otherwise) occur after the ruling, and these women suddenly drop in ratings (by the courts' standards, not ours) to get remarried? We can haz maintenance review, puhlease? This doesn't even begin to touch on the fact that someone being attractive (by whoever's standards and terms) doesn't mean that they can/will get re/married.
Let's consider the scenario between two women: Ms A who's deemed more likely to get remarried and Ms B who's deemed less likely. Say both women remarry say some 40 years down the road, when they're all of 75 years old: does the court then suggest that Ms A deserves to receive less money than Ms B in the interim 30 years because... What? She didn't do her best to get herself hitched to the chap much earlier, in which case her maintenance term would have terminated itself? If you sense a disconnect here, it's likely because there really isn't any relevance in how much maintenance a woman deserves based on her marriageability.
When did our jurisprudence enter the remit of beauty pageantry to be able to (legally) determine the physical attractiveness (to the ends of marriageability) of any person? Wait, of course ANY ONE, much less a judge, can determine this! This is because there're no absolute definitions of beauty, so any assessment of it necessarily relies on fancies of the beholder/s. An assessment of a woman's attractiveness, therefore, can really neither be conclusively right nor wrong. It is precisely because of this bloody arbitrariness that one's looks cannot and should not be relevant in the decision-making process of maintenance allocation.




