Divorce - Benefits Entitlement Consfusing

[Razor123]

Hello brand new to this forum.
My wife and I have started the process for divorce. Currently amicable although we have not started the financial discussions yet - we are booking a mediation appointment shortly.

I am sole earner and work through limited company with both of us as directors. Once the divorce goes through I will close the company and start a new one with me as the single director.

Given that I will remain the sole earner and she does not work, I am struggling to find out what benefit entitlement she was be able to get -its all new to both of us and seems to be a bit of a minefield.

I also don't have anyone personal I can go to and so would appreciate anyone's help on here. Thanks

How old are the DC?

Basically she will have to work unless you pay enough maintenance for her not to!

2 children 12 and 9 - married for 14 years.

I think that is my query - is it in her interests not to work so as to claim maintenance off me, or should she be wanting to work for over 16hrs for the benefits entitlement ?
If I have to pay maintenance I will struggle with my own monthly living costs.

She will be entitled to maintenance off you for the kids whether she works or not. Benefits from the state are a completely different issue.

Yes you have to pay maintenance look at CMS for minimum amounts.

If you own a home it may have to be sold etc.

She will need to work as well tbh!

Which is it, Razor?
www.mumsnet.com/Talk/divorce_separation/3158971-What-is-a-fair-split
Apparently you can both live ok on 50:50 split
As main carer she's more likely to be entitled to 65% of the marital assets.
And of course she may be entitled to redundancy pay from your limited company.
You should probably listen to your lawyer and I hope she has access to family money so she can afford a decent lawyer too.

You don’t have to pay the mortgage for a house you don’t live in. If she can’t afford to keep it because she doesn’t want to work then it’ll have to be sold.

What outcome does she want? Has she ever worked while you’ve been together?

Its not really of any business of yours what benefits she will/will not be entitled to tbh.

Any income she will receive via benefits is entirely independent of any maintenance arrangements agreed as part of the divorce settlement.

It doesn't work like you seem to think it does.

I don't know to be honest - I am swamped with numbers, ratios, figures and find it very confusing, hence my call for help.

I want to aim for 50:50 but don't want to go more than 60:40 in her favour. We will sell the family home and so need the equal split for either to buy something half decent.

What I am also keep to understand are what the benefits entitlements are if working less than or more than 16hrs per week regardless of maintenance payments.

Any benefits she may/May not be entitled to have nothing to do with maintenance payments.

And no matter how keen you are to understand what her entitlement may be - it is none of your business.

Provide fairly for your children & keep your nose out of her business.

I think you're trying to work out how little you can give your wife and kids because you think the taxpayer can keep them for you. You're not covering yourself in glory here.

Her ability to claim benefits will have little influence of divorce settlement and non On maintenance.

What sort of responses are these ?! I am simply trying to find out how this could all work.

FaithHope - how dare you tell me to keep my nose of her business - of course it is my business to know what she is entitled, so that I know what I need to provision as part of the maintenance. And fusspot, same reason, you are wide off the mark here.

Maintenance has no bearing on benefits or vice versa and whether or not your wife chooses to work after the divorce is nothing to do with you. I’m surprised that you’re able to just close the business and start it again solely in your name - im assuming that she’ll be compensated for that?

If your wife wants to know for her own reference then she can check out the benefits calculators online. But once again, your wife could win the lottery after the divorce and you’d still be obliged to pay child maintenance- that’s your duty as a father and is to cover your portion of the cost of raising the children.

FaithHope - how dare you tell me to keep my nose of her business - of course it is my business to know what she is entitled, so that I know what I need to provision as part of the maintenance

🙄
Calm down dear.

It's none of your business. None at all.

You asked how it works, so I'm telling you:

You agree maintenance.

Maintenance has fuck all effect on benefits entitlement.

Ergo - it is nothing to do with you what she may or may not be entitled to.

I can see why your marriage may have ended.
Ok, people are trying to explain to you that her benefit entitlement and/or house worked are no longer any of your business. You seem to fundamentally misunderstand the issue. You will need to pay to maintain your kids. That's based on your position not hers. It's not the case that if she is earning more or claiming more you can pay less. You need to pay what you are obliged too and you need to stop thinking her finances are anything to do with you.

I've tried to woman-splain it to you in simple sentences - hopefully this will enable you to 'understand' (as per your request).

So it is true what is said about Mumsnet...

I thought I would give it a go, but obviously isn't a forum for providing a balanced view.
And NLurker you don't have a clue why my marriage has ended.

Exactly. Benefits are based on the claimant's earnings and the number of dependents. Child maintenance and the rarer spousal maintenance do not factor into the calculations because they can be and often are withheld by the non resident parent.

There is no 'balance' to be had in this specific situation though!
There is no 'other view', there is just fact!

Maintenance payments have nothing at all to do with benefits entitlements.

They are completely separate to benefit entitlements.

They do not affect benefit entitlements.

The amount of maintenance you pay is not considered where benefits are concerned.

(This is starting to feel like the dead parrot sketch)

Have a look on wikivorce or entitledto.com Razor. They help explain the principles but not the specifics of child support.

It's providing an accurate view, which is that her future entitlement to benefits is none of your business. You're not being repeatedly told that because MN is cussed, but because it's correct.

No mate, your thread is giving us all lots of clues!

Spousal maintenance can affect benefits. I believe it already affects things like esa, and will be deducted like for like under Universal Credit. Child maintenance is not taken into account.

Given the age of the children the benefits system won't support her to stay at home (unless she or a child are disabled). She will have to claim Jobseeker's Allowance or the universal credit equivalent and will have to seek paid work.

It's unusual these days for spousal maintenance to be awarded for anything other than a short period, particularly where the non working partner could work.

I can see why someone would ask. If spousal will just be deducted then they may decide it is better to pay extra child maintenance instead. Unethical? Probably.