Married but living separately?

Pollycat

From a post last June:

madison-nyc wrote: »

Ok, so in a nutshell, my husband and I have separated and he left the family home on june 5th.

I have two children aged 3 and 6. I'm a full time student and will be in uni in September for approx 16 hours a week. I also work part time and work 14 hours a week.

Now I've tinkered around with the online tax credits calculator and it seems I'll be better off if I up my work to 16 hours so that I'll be able to get working tax credit on top of the child tax credit. so my income would be approx £5500 from work, and I think around £9000 from CTC and WTC combined.

I've put in a claim for housing benefit but I don't think I'm going to get anything as they count my student loans and grants etc that I'll get when I start uni in September.

I need to update my uni finance application, currently for the academic year I will get my loan of £3750 and a non re-payable grant of £5200,I'm waiting for the new figures to come through now I've updated them.

Now obviously, from sept I'm really gonna have my hands full with uni, work and kids and someone has said that I may actually be better off if I gave up work whilst at uni doing my degree? but from what I can see, if I give up work I wouldn't get the WTC which is quite a big chunk, around £4500 approx so I can't see how I would be better off, or am I missing something?

tinkerbell28

Depends. A lot of people do it if they commute to work...mon-fri.

Or overseas.

It's personal to you.

However as you're heavily reliant on benefits I'd be careful.

Things like running a family holiday, two houses, etc is being subsidised.

It maybe harder financially on you getting back together as you'll lose a lot of the funds and support so will likely see a drop in income. Which will mean possible problems?

There is the fact this could also cause huge problems for you with regards to benefits. If you're declaring as a single parent, when in fact you're very much happily married. You've got two houses, that doesn't make you immune to being done for fraud. That's a myth. It does not mean you're a single parent in this day and age and under benefit rules.

The fact you're a family again. Staying at each other's houses, taking family holidays, going on dates, says very much you're together and it will do to HMRC too.

As I say, lots of people run two separate residents. Particularly those LATS for work. You have to claim as a COUPLE. Not as a single parent. As you are a married couple in a relationship and not legally separated, you should be claiming tax credits as a couple.

So if you're claiming as a single parent and using benefits to subsidise this arrangement. You're committing benefit fraud. So this may be a factor when deciding if you can afford living apart.

madison-nyc

When we separated last June we completely separated all finances. I private rent my house and he initially stayed with his mom then started to private rent his own place. He pays me maintenance for the kids, other than that I have no income from him.


We only started 'dating' and decided to make a go of it in December so it's still early days. Of course I claim tax credits as a single as It's only me and the kids that live here and all of my finances are my own. He has no belongings here nor I at his we are completely separate.



If/when it gets to the point where he moves back in or we start sharing finances again etc. then, of course, my tax credit claim would be changed to reflect that.


I can assure you there is nothing fraudulent here, we are in the early days of trying to get our marriage on track, it's way to early to be merging finances back together.


If we're not allowed to date or spend time with each other as a family how are we meant to see if we can remain married??


I'm beginning to remember why I stopped posting on this forum......

Mojisola

madison-nyc wrote: »

After marriage guidance, time apart, hours and hours of talking and dating like we did when we first met etc. we took the decision to put our wedding rings on and make another go of it. So we've been on a family holiday, spend a couple of nights a week at each others houses etc. and it's going really well, I've fallen in love with him all over again.

madison-nyc wrote: »

If/when it gets to the point where he moves back in or we start sharing finances again etc. then, of course, my tax credit claim would be changed to reflect that.

I can assure you there is nothing fraudulent here, we are in the early days of trying to get our marriage on track, it's way to early to be merging finances back together.

You may have problems convincing the DWP about that.

You don't have to live in the same house to be a couple/family.

tinkerbell28

You ARE committing benefit fraud by claiming tax credits as a single person.

As a married couple, who are very much together and not legally separated, or divorcing. You are very much a married couple just living apart.

You ARE classed as a couple for tax credits. A joint claim should've gone in from the minute you decided to get back together. It's benefit fraud I am afraid. I know you may not like it, but tax credit legislation is clear on married couples and what they class as joint claims.

Basic guidelines.


You're married or in a civil partnership - and you're both in the UK

Make a joint claim - unless one of the following applies, in which case make a single claim:

you are separated under a court order

you are separated and this is likely to be permanent

Civil partnerships are the equivalent of marriage for same-sex couples.

This doesn't apply to you, you are married and in a relationship with no intention of separation. You're back together.

You can go into tax credit legislation, it's too much to post here. But it is VERY clear with regards to married couples living apart. You're still deemed a couple unless you are legally and permanently separating.

So sorry, but you're going to need to consider it when making your decision.

Considering we are only in January and you only "made a go of it in December". But you've been on a family holiday and been spending nights at each other's houses. The best advice I can give you, is get your story straight for HMRC.

jaylee3

tinkerbell28 wrote: »

Depends. A lot of people do it if they commute to work...mon-fri. Or overseas.It's personal to you.

However as you're heavily reliant on benefits I'd be careful. Things like running a family holiday, two houses, etc is being subsidised. It maybe harder financially on you getting back together as you'll lose a lot of the funds and support so will likely see a drop in income. Which will mean possible problems?

There is the fact this could also cause huge problems for you with regards to benefits. If you're declaring as a single parent, when in fact you're very much happily married. You've got two houses, that doesn't make you immune to being done for fraud. That's a myth. It does not mean you're a single parent in this day and age and under benefit rules.

The fact you're a family again. Staying at each other's houses, taking family holidays, going on dates, says very much you're together and it will do to HMRC too. As I say, lots of people run two separate residents. Particularly those LATS for work. You have to claim as a COUPLE. Not as a single parent. As you are a married couple in a relationship and not legally separated, you should be claiming tax credits as a couple. So if you're claiming as a single parent and using benefits to subsidise this arrangement. You're committing benefit fraud. So this may be a factor when deciding if you can afford living apart.

Sorry OP, I get where you're coming from, but I have to agree with tinkerbell. No matter what you say in the post above me here (no. 24) you may not be purposely defrauding anyone, but I would bet that if tax credits and HMRC got wind of what you were doing, they would want to know your husband's contribution.

Living apart but married, may sound like the ideal situation to some, and maybe in the worlds of eccentric (and probably rich) people who don't claim a penny in state benefits, this is OK, but I would be concerned if I were you. Especially as your husband is clearly contributing to your lifestyle and to the upkeep of the children. I think you're kidding yourself if you think that everything is going to be OK. Be very careful.

In most walks of life, being married and living apart, is not the usual, 'normal' thing to do, no matter what anyone says. If people want to do it, then good luck to them, but it wouldn't be for me. I like my family all under one roof. Having separate rooms is understandable as a couple gets older, and I know many who have done this, but separate houses? No way. Apart from the obvious financial disadvantages, I can't fathom why anyone would want to do this. JMHO.

marisco_2

madison-nyc wrote: »

Of course I claim tax credits as a single as It's only me and the kids that live here and all of my finances are my own. He has no belongings here nor I at his we are completely separate.

In the eyes of the law you two are not single. You are still legally married. On top of that you are wearing your wedding ring, staying over at each others places regularly, doing things as a family and stating on a public forum that you are trying to make a go of getting your relationship with your husband back on track. Good luck trying to prove that you are single if tax credits choose to investigate your claim at any time.

Pollycat

madison-nyc wrote: »

I'm beginning to remember why I stopped posting on this forum......

Actually, you might find that posting on this forum has done you a big favour by pointing out a potential benefit issue for you and your 'maybe' partner.

Or do you mean you only want people to agree with you?

If so, please pop back and post the link to the website you've found where this actually happens. :cool:

jaylee3

madison-nyc wrote: »

When we separated last June we completely separated all finances. I private rent my house and he initially stayed with his mom then started to private rent his own place. He pays me maintenance for the kids, other than that I have no income from him.

We only started 'dating' and decided to make a go of it in December so it's still early days. Of course I claim tax credits as a single as It's only me and the kids that live here and all of my finances are my own. He has no belongings here nor I at his we are completely separate.

If/when it gets to the point where he moves back in or we start sharing finances again etc. then, of course, my tax credit claim would be changed to reflect that.

I can assure you there is nothing fraudulent here, we are in the early days of trying to get our marriage on track, it's way to early to be merging finances back together. If we're not allowed to date or spend time with each other as a family how are we meant to see if we can remain married??

I'm beginning to remember why I stopped posting on this forum......

WHY? Because people are starting to tell you what you don't want to hear?

For the record, what you're doing may be OK, and I stress MAY, for a very short period of time, but if you're intending to do it indefinately, forget it: it's a bad idea.

Nobody is being intentionally horrible Madison, we're all just trying to help. So why do you feel you potentially need to stop posting again?

Mojisola

madison-nyc wrote: »

For now we are happy as we are and both enjoying having our own places so we still get to have time on our own.

So is anyone else married but living separate?

jaylee3 wrote: »

For the record, what you're doing may be OK, and I stress MAY, for a short period of time, but if you're intending to do it indefinately, forget it: it's a bad idea.

Nobody is being intentionally horrible Madison, we're all just trying to help. So why do you feel you potentially need to stop posting again?

As jaylee says - the advice you're getting may prevent you being in serious trouble in the future.

You're "enjoying" having your own place but it's being paid for the taxpayers.