Divorce and Disabled Spouse

[Starfish50]

I was with my husband for nearly 18 years, married 16, when we separated 2 years ago. He suffered a life changing accident at practically the start of our relationship so I was the breadwinner for the entire time and would have always been the higher earner regardless of the accident.
I saw a solicitor for advice before I left but now need to start proceedings I think.
My stbx can't support himself without my help so I give him 20% of my net income to pay his bills each month. I would be able to carry on doing this after divorce and it would probably suit him better than capitalising maintenance. If we agree to this between ourselves would the court agree with it or would we be pushed into something else. I was going to try a DIY divorce without involving solicitors.
He lives in a rented house which he would stay in until it falls down around him and I live in a house bought from an inheritance from my mum who died just before I split from husband.
Does anyone have any experience of this situation?

Wouldn't he be entitled to half of the house?

Any kind of lump sum would affect his benefits which is why I want to pay maintenance instead of lump sums. Legally he could claim half my house, unfair as that is.

It’s not your house. It’s his too and he’s entitled to a share of it and a large share at that

So you want to not give him his half of the house so he can claim benefit rather than live off his own money?
Isn't that fraud?

It would affect his benefits only for the time he had the money. If you paid it directly into a mortgage for example it wouldnt affect his benefits.

If you lose your job, become ill or die your husband would lose his maintenance. He is entitled to a share in the house and any other marital assets, especially as he has been dependent on you for 16 years. Do you have any children?

I think he needs to see a solicitor as he is most probably losing out this way and it doesn’t seem fair-to him that is, not you!

I was looking for someone with experience of this situation. I'm aware of everything that's been pointed out.

HI there, I got divorced nearly 2 years ago - my XH was disabled so i have a little knowledge - although our situation was different as actually he was the higher earner not me.
Your husband will be entitled, of course to DLA - and it sounds like he doesn't work?? so maybe he should be getting the higher level - this benefit is not means tested so as far as I'm aware savings wouldn't be taken into account. That is unless he has already been assessed for PIP?

Regardless of weather he's on DLA or PIP, because they are a permanent allowance they would be counted towards a mortgage if you STBXH chose to go that way.
At the end of the day - if both you and your STBXH agree on a settlement the courts will agree it - so as long as you're both in agreement the figures dont really matter - thats my understanding anyway?? Do you have children?? Bear in mind that your STBXH may be getting independent legal advice so although you may want a DIY divorce - if he decides to go to a sols I would suggest you do to.

Good Luck - I'm sure you realise this already - but divorcing a disabled person means you're likely to be painted as the bag buy - I was :(