Does paying the mortgage count as spousal maintenance?

[CrazyPavingRules]

If my wife is awarded a Mesher order, and this includes a requirement for me to pay half the mortgage for X years, until the property is sold, would that mortgage payment count as spousal maintenance?

The reason this is important is that if it does, it will reduce my wife's entitlement to universal credit, whereas if it does not, it will not. In this case it makes the difference between the house being affordable to her or not - I cannot afford to pay half the mortgage AND spousal maintenance.

The reason for the Mesher order in this case would not be to "reserve" equity for me in the future (she can have it all), but simply to make it possible for my wife to obtain a large enough mortgage - if she has to buy on her own she wouldn't be able to buy anything big enough to house her and the children even if she keeps all the equity in our current home.

Any thoughts gratefully received!

When your wife puts in her claim for universal credit she should tick the "no" to spousal support. There will be a question asking if the house is rented or mortgaged and she can just tick the mortgage box for that. Have a look at the entitled to website and crunch some numbers into it

@ThisIsStartingToBoreMe

Thanks. We did the number crunching, and she is entitled to £600 per month universal credit. The mortgage is £1200, so if I pay half of that (which is affordable) then if it does count as spousal maintenance it would wipe out the universal credit (which is reduced pound-for-pound by spousal maintenance). So I would be £600 worse off, she would be no better off at all. But the government would be happy!

Yes so if it asks her how much her mortgage is she should just say 600

As long as you are both paying your respective half's direct to the mortgage company

No, it's not. You can get your consent order written to make it clear that it's not SM, but your contribution to the house and you'll get the equity at the point of sale.

You can also state it's part of a private agreement for enhanced child support.

Is this a reverse? Sounds familiar....

@ChrissyPlummer

Nope, not a reverse - but if you can find the other thread and let me know that would be great - it might have some extra advice!

Had your wife considered working rather than relying on you and benefits?

Yes, she is already working, currently part time (2/3 of FT) although she's trying to get her hours upped to full time (currently without success). But even full time she will be entitled to some universal credit based on her salary and the number of children.

Where we live it would be impossible for her to afford a house big enough for the children without financial input from me "above and beyond" what might be obligated. Bloody house prices!

@CrazyPavingRules it’s in this topic, title very similar to yours. Not sure how to link on my phone. It’s near the top of the list.

If you pay £600, she couldn’t tell them her mortgage is £1200. She’d have to say it’s £600. You’d have to pay the mortgage company direct though, not pay your £600 to her for her to pay them.