Does eligibility for benefits affect divorce settlement?

[isthistheendtakeabreath]

Probably a rather technical question but my husband is a much lower earner - in a divorce and should he decide to rent rather than buy (much more likely due to his lower income and what his mortgage capacity would be) he would be entitled to UC for housing which is worth a considerable amount whereas I wouldn't - would this affect the likely divorce settlement? Ie if he wanted to claim more equity in a house we both own

Do you have children under 16, and if so, how often would they be with each of you ?

If he gets £16k out of the settlement, he won’t be eligible for UC at all. So it’s more likely that the divorce settlement will affect his eligibility for benefits, rather than the other way around.

UC start to take into account 6k savings or more and if he had 16k or more (from you buying him out for example or from 50% of house sale) then he would not be eligible for any help unless that money was going straight into a new property. If he was just sitting on it or making huge unnecessary puchases then it would go against him/getting rid of funds on purpose. It bring used for new property won't go against/spending it on rent he will get through it quickly as no entitlement to benefits/top ups iirc.
Any maintenance not counted on calcs (if he has kids and you are paying him maintenance).

Thanks all - 3 young children

He works very early shifts and every other weekend so would most likely only have them every other weekend and holidays for overnights

Yes I'd forgotten about the savings thing - realistically I don't think I could buy him out of the house yet so could he get UC even if he is named on our mortgage but doesn't live there?

Have you considered the possibility that he might want to have the children 50/50 and stay in the home?

If he owns a house he can't get the housing element of uc except for a transitional period

@Soontobe60

Sadly He is leaving because he can't cope with family life and the relentlessness of having small children - he goes to work at 430am so having more overnights would be impossible

@gogohmm

Thankyou