Wife gets loads of benefits

[Matt1982]

Can someone tell me if the ex getting benefits is counted as income for finance settlement and pension sharing. Ex works but isn’t on great money but she gets a load of benefits because our son is counted as disabled. Think she gets his disability money and her Universal credit is increased. This means that with benefits and her wage she gets good money.
She says that his money shouldn’t be counted and only her wages and she can’t earn more cause she cares for him. Says cause I get a good wage and pay into pension that she should get share cause she works around child and looking after him. Is this right? I earn a good wage and have good pension but work away so don’t see him that much but i
do pay her child maintenance
Will I have to hand over a load of money cause her “needs” are more. Anyone else got stung by this?

 

[Roblox]

Hi Matt

So you're going through divorce?

You'll need to declare all your assets and income as part of the process.

Things like benefits are considered when they look at the net monthly income you both receive to determine if there's a disparity.

The settlement side of things would look more at what assets you have. So is there a house. You mention pension. Is there much else

 

[Matt1982]

No house - both moved out and sold it so equity of it is with solicitor ready to be divided. Doing finances now - think it’s Form E ? Issue is I’ve a good whack of pension and have military one from before marriage and I think she will try and go for it too.
She seems to think that because I work away loads and she does more childcare that she will get more of marriage pot cause kids live with her full time. I have done well for myself but I worked hard for it. Know she is entitled to something and I do give her money through CMS but she is bragging cause she has kids she will get bigger slice and 50% share of all pensions (before wedding and up to signing the legal papers even though we have been separated for yrs). Says if I don’t agree she will take it to court and they always are on mothers side. Pretty sure she will get legal aid so she will do it if she can.

Want to know what I’m dealing with - my solicitor a bit vague keeps saying it’s all up for negotiation.

 

[Roblox]

Starting point is 50/50 but yes you are definitely at risk.

You may well have to give a bigger share of house equity to retain pension.

Have you done mediation at all? With your work arrangements how much do you get to see the kids.

Yes it is form E.

 

[Roblox]

She may also try to claim spousal maintenance but that would involve demonstrating a financial disparity on regular net income which may not be the case if she gets benefits and cm from you

 

[MagicJ]

Hi @Roblox, just gonna chime in on what you've said.

Recent advice I got was that maintenance is a definite when there is a case of disparity, length of time is key negotiating point.

Benefits also not the first point of call by courts, as this is a private affair so they will prefer to transfer assets before looking at benefits.

If she doesn't work, and can't given the situation, then it seems very likely they will consider the benefits as income.

@Matt1982 , I would dependent on how big your pre marital assets are and whether you can afford to, I'd seek a Barristers opinion on the specific issue of whether you Military Pensions is going to be touched.

I would also think about asking the Solicitor to explain a Global order for Maintenence and see if he can explain it.

 

[Matt1982]

Not great news then. How will I play this to minimise damage to me?
She does work but don’t think she gets much pay (short shifts in her mates cafe and maybe not putting all of it through books - think this is how she will get legal aid). Pretty sure she claims extra cause of sons disability- her lifestyle isn’t hurting! Can I insist that benefits included if she earns a wage?

I bring kids out once a week - I can’t take them more - I do private security gigs so away for weeks at a time and stay with g’friend when home but she has her own so no room for my kids. I get them stuff when out with them and haven’t said no when ex asks for extras so can prove I provide for them.

Think ex going to play the single mother card left with kids while making me out to be the worst. I don’t mind splitting the equity of house but have major issue with her getting my pensions - the military one and the contributions I’ve paid after we seperated - it can’t be right that she gets share of something I paid when we weren’t together.

What’s the best way to do this - thinking if I give her bigger share of equity than 50% on condition she leaves my pensions would work?

 

[Ash]

I think it's fairly standard that she's entitled to half your pension. Unless you a deal whereby she gets a bigger proportion of the house equity in lieu of claiming on your pension.