Marriage and living separate

Dezza123

Hiya, can anyone give some advice. My and my boyfriend live in separate housing association properties. If we were to get married BUT still live in separate households would this affect benefit entitlements, and if so, how? I have one child and work term time in a school, and my partner is a stay at home dad to his 3 children whom he has custody of. We have no children together. I just wanted to know if marriage would affect anything financially for us both with any help which we currently get if we was to remain separate households. Please no judging, our relationship works really well living separate x

calcotti

What benefits are you each receiving? If you marry I think it would affect Tax Credits but not other benefits.

Dezza123

calcotti said:

What benefits are you each receiving? If you marry I think it would affect Tax Credits but not other benefits.

I get universal credit which is all of my benefits in one, I just get that one payment per month if universal credit x

calcotti

Dezza123 said:

calcotti said:

What benefits are you each receiving? If you marry I think it would affect Tax Credits but not other benefits.

I get universal credit which is all of my benefits in one, I just get that one payment per month if universal credit x

If you are living in separate households, your UC will not be affected.

poppy12345

Dezza123 said:

calcotti said:

What benefits are you each receiving? If you marry I think it would affect Tax Credits but not other benefits.

I get universal credit which is all of my benefits in one, I just get that one payment per month if universal credit x

What about your partner?

TBagpuss

Most benefits are based on whether you are living as a couple 
Government guidance says (bolding mine)

"The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

• married to each other
• civil partners of each other
• living together as if they were married"

Tax credits are different as the definitions come form law relating to tax rather than benefits, and define a couple as

"(a) two people who are married to, or civil partners of, each other and are neither -

• separated under a court order, nor
• separated in circumstances in which the separation is likely to be permanent, or

(b) two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners."

So if either of you is getting tax credits then these will be affected by your marriage whether or not you chose to live together, but for UC and other benefits the issue is whether or not you are part of the same household.

That said, a couple getting married but then not moving in together i relatively unusual, and as there would be a (potentially significant) financial advantage to having separate households you may well find that it's viewed with suspicion and you do find yourselves being investigated, particularly if you spend significant amounts of time at each others homes. I am not sure if they could calls you as being one household even if you have two properties - I think they probably could, so you may need to think about how much time you spend together and whether you would  be seen as a single household moving between two properties, rather than as two separate households each with its own property. . 

NedS

TBagpuss said:

Tax credits are different as the definitions come form law relating to tax rather than benefits, and define a couple as

"(a) two people who are married to, or civil partners of, each other and are neither -

• separated under a court order, nor
• separated in circumstances in which the separation is likely to be permanent, or

I would think given the circumstances described by the OP, such a person could make a reasonable argument that the separation is likely to be permanent as there is no evidence to suggest anything to the contrary (no evidence they have ever lived together or are ever planning to live together other than an assumption that it is normal under marriage).

Dezza123

TBagpuss said:

Most benefits are based on whether you are living as a couple 
Government guidance says (bolding mine)

"The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

• married to each other
• civil partners of each other
• living together as if they were married"

Tax credits are different as the definitions come form law relating to tax rather than benefits, and define a couple as

"(a) two people who are married to, or civil partners of, each other and are neither -

• separated under a court order, nor
• separated in circumstances in which the separation is likely to be permanent, or

(b) two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners."

So if either of you is getting tax credits then these will be affected by your marriage whether or not you chose to live together, but for UC and other benefits the issue is whether or not you are part of the same household.

That said, a couple getting married but then not moving in together i relatively unusual, and as there would be a (potentially significant) financial advantage to having separate households you may well find that it's viewed with suspicion and you do find yourselves being investigated, particularly if you spend significant amounts of time at each others homes. I am not sure if they could calls you as being one household even if you have two properties - I think they probably could, so you may need to think about how much time you spend together and whether you would  be seen as a single household moving between two properties, rather than as two separate households each with its own property. . 

Thanks for the information. We don’t spend much time together, 2 nights a week maximum! Investigation is fine to take place. As I said, our relationship works well as it is for now  

Dezza123

NedS said:

TBagpuss said:

Tax credits are different as the definitions come form law relating to tax rather than benefits, and define a couple as

"(a) two people who are married to, or civil partners of, each other and are neither -

• separated under a court order, nor
• separated in circumstances in which the separation is likely to be permanent, or

I would think given the circumstances described by the OP, such a person could make a reasonable argument that the separation is likely to be permanent as there is no evidence to suggest anything to the contrary (no evidence they have ever lived together or are ever planning to live together other than an assumption that it is normal under marriage).

Yes, you are totally right! For now we don’t plan to live with eachother, our relationship works so well and that is because of the above! We spend two nights on the weekend together which isn’t much and I’m busy with work through the week x

sheramber

A married couple spending 2 nights together at the  weekend would not be considered separated.

calcotti

sheramber said:

A married couple spending 2 nights together at the  weekend would not be considered separated.

But it’s irrelevant anyway as neither OP nor partner claim Tax Credits. If each has their own property and pay separate Council Tax they are clearly not living in the same household and therefore are not a couple for UC purposes.