Spousal maintenance

[mark53]

Hi and thnxs for any advice
Married 28 years ....Standard of living ...on benefits whilst living together me being her carer
No dependants..No pensions or savings etc
Been Seperated for the last 4 1/2 years
Ex has new partner and is / has been cohabiting ever since seperation happened
Now both of on benefits in own rights ( can't say if hers is single or joint claim but her partner also on benefits)
I continue to live Matrimonial home
We have agreed to me buying her out of family home 50/50 split after fees (money being gifted to me to buy her out ) about 28000k would be her share (it's a small parkhome )
I'm worried I might need to pay her spousal maintenance out of my benefits as she will lose her entitlement to benifits ...she'll be over the threshold of 16k and no chance of buying another home
Anyone been in this situation Any advice gratefully received
Thanks

Claims/awards for spousal maintenance tend to be mainly in situations where there is a fair bit of money around and it also tends to be short term, eg. to allow a parent who has stayed at home to look after the kids to facilitate the other working and earning enough to support everyone to train to make themselves employable. The fact that you have been separated for such a long time would appear to negate any grounds for claiming tbh. You also say that your ex has a new partner and any spousal maintenance tends to stop once that happens. Ultimately though you would be best off taking some legal advice just so everyone is clear. Sometimes people have strange expectations so it is always best to stop them before they start!

You won’t be expected to pay spousal maintenance if youre on benefits

Agree with PP spousal support not payable if your on benefits.

Is there any way she can put her money into a pension or something to safeguard her future and keep her benefits? Financial advisor might know...

If you're also on benefits yourself would someone gifting you £28k cause problems with your own claim?

I know I've seen posts on the universal credit advice groups where money from sale of a home can be used to buy another without affecting benefits but there's a time frame to do so. You're not selling your home though, you're being gifted an amount that means you wouldn't be able to claim too and I'd be worried that giving it away yourself would look like depravation of assets. It might not and I could be totally wrong but I'm just suggesting in case it does.

Same for the person gifting you the money, do you know they've checked the legalities behind it too? I've seen threads on here about needing care homes or something within seven years of gifting large amounts or property meaning it has to be given back but like I say that's only what I've read on here so it might not be relevant or it could be wrong

I think if the money goes into the house it's not a problem. Worth thinking though that you OP are getting a home and your ex is not. Could she buy a park home with more of the equity for example? Or do something with the money that gives her security and doesn't affect her benefit claim ie pension. Not sure how this bit works but certainly putting money into an existing home not a problem asfaik.

Sorry I've reread she's cohabiting with partner... So she has a home. Can she sink the money into that home?

I'm not going to be getting any money ...my family are going to pay her on my behalf....
So nobody on here has suggested I'd be liable for spousal maintenance ...so could just be that stbx will just havr to live of it until shr can reclaim benefits ....
Stbx and partner living in housing association property
So Which way would should we approach this
We are awaiting new divorce law seems easy enough
Mediation to finalize and draw up agreements then have read back seperately at another solicitors to prove legal advice taken or ....looking for options here