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divorce and benefits
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3 years 10 months ago #260776 by freefee
divorce and benefits was created by freefee
this is something that is not happening to me at the moment, but I think it is something that will be happening sooner rather than later, this will probably lead to the home being sold and divided between myself and my wife, I just want to know if you have any information or advice on how this would affect my benefits once i leave the home and move in to another property, i would be living by myself, I receive contribution based ESA and PIP, I have been on benefits since 2003, any advice welcome,
thanks
thanks
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3 years 10 months ago #260777 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic divorce and benefits
Hello freefee,
I am very sorry to hear that your marriage might not be working out for you.
In a sad situation is good to have some good news – and that is that neither your PIP or CB ESA will be affected by the changes you mention in your post.
What might however be affected are any additional means tested benefits you may be receiving such as council tax relief, and pension credit in the future (you don’t say how old you are).because your would probably have savings over £6,000. Your future entitlement to Housing Benefit would also be affected by your level of savings.
I recently supported someone in a situation similar to yours. My client requested that the court’s financial settlement stated that their financial share of the marital home was to be put into a trust. This means that now their house is sold the money which they are able to benefit from does not belong to them, so does not effect their benefits. An extension of this option would be for the trust to buy a property for them to rent. They could then claim HB to pay the rent which mean that the trust had a source of income to maintain the property. As you can imagine this can get quite technical and I would strongly advise you getting legal advise if you were going to consider going down this route.
Hope this helps a little, but it would be even better if none of this was needed and there was a happy ever after for your marriage!
Catherine
I am very sorry to hear that your marriage might not be working out for you.
In a sad situation is good to have some good news – and that is that neither your PIP or CB ESA will be affected by the changes you mention in your post.
What might however be affected are any additional means tested benefits you may be receiving such as council tax relief, and pension credit in the future (you don’t say how old you are).because your would probably have savings over £6,000. Your future entitlement to Housing Benefit would also be affected by your level of savings.
I recently supported someone in a situation similar to yours. My client requested that the court’s financial settlement stated that their financial share of the marital home was to be put into a trust. This means that now their house is sold the money which they are able to benefit from does not belong to them, so does not effect their benefits. An extension of this option would be for the trust to buy a property for them to rent. They could then claim HB to pay the rent which mean that the trust had a source of income to maintain the property. As you can imagine this can get quite technical and I would strongly advise you getting legal advise if you were going to consider going down this route.
Hope this helps a little, but it would be even better if none of this was needed and there was a happy ever after for your marriage!
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 10 months ago #260782 by freefee
Replied by freefee on topic divorce and benefits
she has told me she will be leaving within the next three years or so after she retires, she is 59, no malice or bad feelings in the relationship, she seems to have met someone else, although she changed her behaviour once I called her out on it, lockdown made some things very obvious, like being out all day when everything was closed, I found out the name of the other man, it was just so obvious, yes I have savings over £6000 and i have been receiving a pension since I turned 50, I am coming up to my 57th birthday, my pension is about £86 a week at present, I will obviously take legal advice before making a move, I have been married 27 years, so I guess I will be entitled to a fair chunk of the equity of a mortgage free home, she is the main earner and gets over twice what I do each month, this will change when she retires, so I will probably have to make the move while she is still working, we have no kids under 18 although the youngest is still in full time education, so may be classed as a dependent? and the others have left home, I don't want to really do it, as I do need someone to care for me, but that's life I guess, many thanks
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