Consent order

[mark53]

Hi I'm after some advice plz

My soon to be ex wife and I have been married for 25 years applying for divorce in April 2020 ( straight forward )
We have no dependant children

No savings or investments or pensions

Both of us lived on Esa and her disability ( pip) up until 4 and a half years ago ...
Now ex claims ESA and pip full rate in her own right
And so do I ESA and now pip full rate also

Our only Asset is a parkhome valued at £60000
My son has decided to gift me the money to pay her off ( but her out ) she will recieve approx £25000 after deductions 10 percent to site management and estate agent fees
Will be done by consent order via solicitors or mediation
Reading into benefit law ESA has a savings limit of £16000 so ex will lose her entitlement to ESA but keep her pip
Now to my Question
Would I then have to pay her spousal maintenance...even tho I'm on benefits myself....

Sorry for long story but thought you might need some background
Many thanks for any advice

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I doubt you will have to pay maintenance as you both are now in the same position, it's not like you have £100k a year coming in & she just has ESA & PIP. If she is using the money as a deposit on a new home she may have a time limit where she is allowed to keep the money until she finds a suitable property & if she is just on Contributions based ESA & PIP then it doesn't matter how much she has in the bank. She may have to declare it if she claims housing & council tax benefit.

Thanks for your reply she on income related esa my concern would be that one of the forms it asks expected income if the consent order was granted
Her income would then not include esa Leaving a bigger difference in incomes
Good point about using for housing tho she'd be using it for rented deposit etc
Thanks for your reply

We are going to try and be amicable
no mediation or court involvement
I will suggest your points about housing if relevant to renting
Thnxs

Going to do mediation
Just concerned that on form d81 about stbx having zero income after losing entitlement to benefit and myself retaining mine
What are your thoughts???