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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think marriage doesn't actually make much difference to most everyday women?

302 replies

Dojasayso · 16/04/2021 18:52

Interested to hear other people's realistic opinion regarding marriage.

In principle marriage in practical terms means a joining of assets/finances and thus meaning in the case of divorce assets are split accordingly.

So therefore I understand on that basis it can be seen as 'protection' as often stated on mumsnet.

However in the real world of modern everyday people where both men and women typically work, I don't actually see how it makes such difference unless you are a high earning household.

Men still have to pay child maintenance if they're not the primary caregiver regardless of marriage.

Examples:

  1. Many people rent so in the case of divorce then whoever can afford it will take over the tenancy and the other rents somewhere else. Either party may also be helped by housing benefit to top up rent if eligible. Child maintenance also issued to primary caregiver.
Marriage has made no difference?
  1. Unmarried couple buy a house together, split up and sell property and split equity or someone buys the other out just like if divorcing? Someone can't run off with the equity of a jointly own home if you've bought a house together. Judges won't demand the party that moves out (usually man) pays the mortgage until children move out unless they are exceptionally high earning. Especially if that means that party cannot go on to buy another house themselves.
So again, marriage hasn't made much difference?
  1. Unmarried couple, dad walks out on part time working mum.
Mum then claims tax credits and housing benefits and all other associated benefits which tops up wages. Sometimes even making the mum better off. If house is owned then as above, they split equity and mum still claims plus maintenance. She can either buy another house if she can afford it or rents with housing benefit element if low earning. Being married would have made no difference.
  1. SAHM, dad walks out. Same as above, income support plus other benefits and child maintenance. If renting then housing benefit, if owned then equity split.

So unless you are hugh earning how are you protected? A man doesn't suddenly become a high earner when your married so that in the event of divorce you suddenly have money when you previously didn't.

There's also lot of two parent families that still need to claim top ups despite working. Being married then divorcing won't change that?

You get asked to name beneficiaries on pensions and life insurance when you sign up, so again marriage makes no difference there in the event of death. Unless again, one is a high earner with assets on top on pensions/insurances to be split.

And before ANYONE does the classic line of "medical decisions and next of kin if DP is in a coma/life support". Marriage makes NO difference!!
Unless you have Lasting Power of Attorney for someone you CANNOT make any decisions about someone incapacitated regardless if they are your husband/wife. It's a medical decision made by a doctor in regards to procedures. A doctor won't say "we won't perform surgery because his wife doesn't want us too". You have to have an advanced statement in place which is done through a solicitor and not marriage.

Anything else requires a "best interest decision" decided by health and social care professionals (usually social worker). Doesn't matter if your married or not. Unless you have LPA you cannot make decisions on any incapacitated persons behalf.
You don't need to be married to have LPA, you can make anyone your LPA.

Soo mumsnet, am I missing something?! Unless you are a high earner I don't see this magical "protection" thats talked about? Other than widows benefit? But you can only claim that for 6 months.

Please enlighten me to how marriage protects your average Joe family that claim tax credits/rents/jointly owns etc .

Disclaimer: I am not against marriage and infact plan on marrying my DP next year but for emotional/commitment reasons of wanting marriage and not practical/financial reasons.

VOTING:
YABU: marriage does benefit low/middle earners
YANBU: marriage doesn't make much difference to everyday people.

OP posts:
TedMullins · 16/04/2021 22:54

Agree OP. It might benefit SOME people if one is a high earner and is compelled by court to share assets in the event of a divorce but as you said, two people on minimum wage who rent a house won’t have anything to split, and probably wouldn’t be able to afford a divorce anyway!

I also really do wonder (in a concerned way) about the women who are trapped in abusive marriages on here. I’m going to invent an example now - high earning man and SAHM, man is financially abusive and woman has no access to bank accounts. Yes, he may be compelled to share assets when the divorce is finalised but how can she even instigate a divorce or retain a solicitor with no access to money? How can she physically leave the property in the meantime with no access to money? She wouldn’t be eligible for benefits if she’s married and she owns the home, would she? I understand in the long run marriage would benefit her if they divorced but it doesn’t compel abusive men to share finances on a day to day level.

Also, this is a tangent but some people actively don’t WANT to join assets. People who don’t want to get married are often derided on mumsnet but I think that, wanting to keep assets and finances separate is a legitimate position, albeit one that should be discussed early in the relationship so each party knows where they stand and what their views are.

Dojasayso · 16/04/2021 22:54

I didn't know about inheritance tax if you have a joint house/mortgage so thank you. I will look into that to educate myself on the subject.

I think i may conclude that marriage is beneficial on individual financial circumstances?

OP posts:
Dojasayso · 16/04/2021 22:54

@osbertthesyrianhamster

And why are you so concerned with these others who are not 'in your circle'? Honestly Hmm?
I want to educate myself?
OP posts:
lazylinguist · 16/04/2021 22:56

I think maybe the problem is your definition of 'most everyday women', as per your thread title. What does 'Everyday women' mean? Surely it encompasses the huge number of women who are not very wealthy but do for example own a home with their husbands, as well as the also huge number of women you mention who don't really have any assets.

Trustisamust · 16/04/2021 22:56

@osbertthesyrianhamster I'm with the OP on this one. My fiancé and I both privately rent in England. We both contribute equally towards the rent and earn similar (both relatively low income). What would the difference be financially if we were married?

TheNextCaroleMiddleton · 16/04/2021 22:58

My friend with a long term partner, not married, no child. He has just died at 44, bloody nightmare sorting out affairs, so much easier if married....it is important.

Dojasayso · 16/04/2021 22:58

@TedMullins

Agree OP. It might benefit SOME people if one is a high earner and is compelled by court to share assets in the event of a divorce but as you said, two people on minimum wage who rent a house won’t have anything to split, and probably wouldn’t be able to afford a divorce anyway!

I also really do wonder (in a concerned way) about the women who are trapped in abusive marriages on here. I’m going to invent an example now - high earning man and SAHM, man is financially abusive and woman has no access to bank accounts. Yes, he may be compelled to share assets when the divorce is finalised but how can she even instigate a divorce or retain a solicitor with no access to money? How can she physically leave the property in the meantime with no access to money? She wouldn’t be eligible for benefits if she’s married and she owns the home, would she? I understand in the long run marriage would benefit her if they divorced but it doesn’t compel abusive men to share finances on a day to day level.

Also, this is a tangent but some people actively don’t WANT to join assets. People who don’t want to get married are often derided on mumsnet but I think that, wanting to keep assets and finances separate is a legitimate position, albeit one that should be discussed early in the relationship so each party knows where they stand and what their views are.

That is something I have NOT thought of before.

Yes what would a woman do in those circumstances?!!

OP posts:
Trustisamust · 16/04/2021 23:01

This was me. I was married to a very wealthy man who was VERY against me returning to work after the kids. He controlled all of the money. I wasn't allowed to spend much at all.

Leaving him was a total nightmare. It still is.

It would have been so much easier for me to get out if we hadn't been married.

Namenic · 16/04/2021 23:03

Trustisamust - if one of you gets a job opportunity to increase salary/pension, but may entail the other person doing more household chores (eg due to longer commute). You can decide that it is better keeping things equal rather than the benefit of the job opportunity OR you could decide to become unequal, but potentially both share in a gain (though may not be equal in a split).

Hastybird · 16/04/2021 23:05

Yes @Trustisamust a share of nothing is of course nothing.

For some there may be zero benefit of marrying, for other women it may be disadvantagous. The point I was making is too many women don't know. They assume that their current situation will remain, their partner will remain loving and fair, that they have rights over his assets e.g your partner may name you as a beneficiary on his pension when you're together - and when you split, simply remove you! Can't do that of you're married.
There are too many cautionary tales on here for women to happily assume that being with someone for many years and having their children is protection in itself - it isn't.

Trustisamust · 16/04/2021 23:06

@Hastybird My ex-husband managed it! He is an accountant though! Grin

SchrodingersImmigrant · 16/04/2021 23:07

@TheNextCaroleMiddleton

My friend with a long term partner, not married, no child. He has just died at 44, bloody nightmare sorting out affairs, so much easier if married....it is important.
Aw that's horrible. I actually realised marriage might be the biggest benefit if one of us died since none of us has any family in UK. Th5iugh I realised it after getting married...
osbertthesyrianhamster · 16/04/2021 23:07

[quote Trustisamust]@osbertthesyrianhamster I'm with the OP on this one. My fiancé and I both privately rent in England. We both contribute equally towards the rent and earn similar (both relatively low income). What would the difference be financially if we were married?[/quote]
Depends on if you could afford to rent on your own privately or need benefits, since the OP brought them up in the first post as to why it makes no difference, or if you're fine foregoing bereavement support allowance in the even of your partner's sudden death. Obviously in your case it's fine as you've the same income, but an entirely different story to those on benefits, which, again, the OP brought up in her original post.

BiBabbles · 16/04/2021 23:09

Yes, it won't benefit everyone, nothing does - it's all a balance of benefits, risks, and responsibilities. I think there is a general lack of knowledge on what marriage and civil partnership legally means and enables. I completely agree that it's something people should choose (rather than the push for common law) but unlike with so many things legally, there isn't really any recommendation or support for people to get legal advice. It isn't considered romantic to consider it.

Both my spouse and I are and so far have always been below the average wage and we've benefited from being married repeatedly legally and financially. I dislike this idea that because we've low incomes that wouldn't matter much in a divorce that the rest of it doesn't matter.

Trustisamust · 16/04/2021 23:09

@osbertthesyrianhamster No, neither of us have ever had benefits. Even when I was a single mum of two young kids for five years. Just worked my butt off!!!

osbertthesyrianhamster · 16/04/2021 23:11

I want to educate myself?

Then you start by learning from here there are no more tax credits or income support for newly divided couples, which was, I believe my response was one of the first, following more information about how UC and LHA caps work and private landlords taking UC, how couples on legacy benefit who then need to put in a new claim for LHA/HB have to move to UC, how childcare costs work on UC, as pointed out if one's unmarried/non Civil Parnter in England has no claim to 18 months of Bereavement Support Allowance Hmm

cheninblanc · 16/04/2021 23:11

What about in illness, next of kin, death. I'm now protected and have a voice for my husbands wishes, not his elderly mum nor his teenage daughter. His wife who knows him best and his wishes should tmrw unthinkable happen

blobblob · 16/04/2021 23:12

Marriage is like any contract. Sometimes it's a good deal, and sometimes it's not. That's it.
Look at it, decide if it's worth it for you.
I wish we could educate people about that.

osbertthesyrianhamster · 16/04/2021 23:12

[quote Trustisamust]@osbertthesyrianhamster No, neither of us have ever had benefits. Even when I was a single mum of two young kids for five years. Just worked my butt off!!![/quote]
There you go. That's not true of all poor unmarried couples. I should also point out there's no severe disability element to UC, either, so a couple on legacy benefits who split stand to lose that as well. Not to mention finding a landlord to take the UC, even if they are working.

Dojasayso · 16/04/2021 23:19

I didn't know about the legacy benefits.

So if someone has legacy benefits and divorces they get to keep them, but if unmarried it goes through as a new claim onto UC which makes them worse off? Is that correct?

OP posts:
whiteroseredrose · 17/04/2021 00:09

It's not as straightforward if you're not married.

You CAN make a will to make sure your partner inherits your assets on death but you'd be amazed how many people don't get around to it. Live together 30 years but no will? Assets may end up with estranged children, parents, siblings according to the rules of intestacy.

MiddlesexGirl · 17/04/2021 00:23

As two public sector workers my dh and I were pretty much evens in the earnings and career progression stakes when we got married.
By the time we got to the second child the cost of childcare exceeded earnings of one of us. Therefore it made no sense to both work full time for less money and to see the kids less.
I switched to part time. It could have been him. Which ever way it was done the full-timer would have unaffected promotion prospects and the part-timer would not. This will pretty much always be the way.
There would have been no point both going part time as then both our careers would be affected.
I am fully protected by marriage and could not even have contemplated this arrangement if I wasn't married as I won't ever completely catch up my career or my pension contributions. But I'm one of the lucky ones that has a career. What percentage of people actually have a career so that their promotion prospects are that badly damaged. Many many people work the same grade of job from age 18 to retirement.

0gfhty · 17/04/2021 00:31

@Dojasayso

I didn't know about the legacy benefits.

So if someone has legacy benefits and divorces they get to keep them, but if unmarried it goes through as a new claim onto UC which makes them worse off? Is that correct?

No if you separate or divorce and one half of the couple leave the address you would have to start a new claim as a single person or lone parent. It wouldn't make any difference if you were married and on working tax credits
Osirus · 17/04/2021 00:59

Everything is easier if you’re married. Life is set up for married couples.

Also, it’s just nicer. We were together 11 years before we got married and our relationship changed overnight. We just felt more connected, more deeply committed and secure. A proper family. Probably not the same for everyone, but that’s how it felt for us.

Breaking up when married I think is far harder emotionally because you are more connected to your spouse than a partner.

I’m sure marriage doesn’t suit every situation, but I would recommend it if it does.

Troublewaters2021 · 17/04/2021 01:18

I’m
Not getting married to my DP.
I own the house we live in, I am the higher earner. I have 2 kids from previous and 1 with him.
I have a will, I have life insurance policy etc
For my kids not my partner.
He is happy with that 🙈