Universal credit and divorce

platypuskn

Hi guys,

Divorce is looming and I'm going to have to claim benefit (universal credit) for the first time. I am finding it almost impossible to get concrete advice about how it all works, and even my solicitor seems clueless.

Basically, I am on a low salary and the amount only just covers childcare. So, I should be eligible for universal credit. My husband earns much more and so will hopefully need to pay child maintenance and possibly some sort of spousal maintenance.

For various reasons, the best solution would be for me to buy oh our of his half of the house. My mortgage payments would be fine and indeed cheaper than renting most places. BUT my mortgage company won't take universal credit into account so won't allow me to keep the mortgage on my own.

So, I was wondering if a way around all these issues is to get a deal where my husband continues to pay part of the mortgage directly instead of via spousal maintenance so the mortgage company might let me stay on. Does anyone know if this is allowable, and if so would it count as spousal maintenance and still reduce my benefits £ for £?

Thanks :beer:

platypuskn

Ooops, meant to add... I was earning lots more this financial year than I will last year due to being in a full-time job then. Does my claim have to be based on last year?

huckster

Don't see your post as being related to benefits at this stage. Universal credit is a benefit paid monthly that is assessed over a monthly assessment period. At the moment you don't have the information for any proper benefit assessment, because you don't know your likely position between say 1st April and 30th April.

Suggest your Solicitors sort out a financial settlement with your husband based on your legal entitlement and the other issues e.g mortgage, benefits will have to be sorted afterwards.

If you saw a benefits advisor at your nearest Citizens Advice, all they would provide is general information. They would tell you that your financial settlement with your husband will be conducted with no thought about benefits, because the two things should not be thought about together. You can't arrange a financial settlement with another person, based on trying to work out best position for benefit entitlement.

TELLIT01

Post not related to benefits at this stage? If the OP tries to claim UC and is getting large payments for spousal maintenance it's highly likely they won't have any entitlement to benefit. Spousal maintenance is taken into account on other benefits so I suspect it is also taken into account on UC.
Payment direct to the mortgage provider would not affect benefit as the OP does not have access to that money.

huckster

Not related to benefits at the moment as there is no agreement between OP and their partner. Who knows how much any spousal maintenance would be, if this is agreed. Once there is a legal agreement between parties, then that is something to put to DWP within a benefit application.

Of course it is better for the OP to sort out their housing situation as part of the divorce settlement. I am not sure the OP would receive any benefit help towards mortage interest, as even if they were not working this would not start until 9 months had passed.

jobseeking_help

Dear Platypuskyn. You can apply for UC anytime you like. Assessment will be on your current situation as you declare it.