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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

When can I officially claim benefits. Please help.

8 replies

IAmBreathing · 01/05/2023 21:11

My husband has upped and left. He was the main breadwinner and I am a self employed full time worker earning a lower wage. I'll be looking for a new job asap.

This has been an awful shock and we have a lot to untangle and sort out.

We have a house with a mortgage in both our names and he has a nice pension, savings and another house which he rents out (I realise I won't be entitled to anything except the jointly owned house). . We were married for 5.5 years, lived together for 2 years before that. I have a 16 year old son. I've gathered as much info as I can and will look for a solicitor who can offer a free hour.

We ran a joint account which we both paid into (he paid considerably more in than me) and that paid for mortgage, bills and food. I think he will continue to help with mortgage and some bills, but I'm not sure how long for and not enough for me to be able to manage and eat.

So I would like to see if I can claim any benefits to help, and maybe reduced council tax. But I don't know how it works- can I claim as a single parent as he has left? Does it change things that he will be paying some of the mortgage? Where can I ask for help?

Thank you

OP posts:
Upsizer · 01/05/2023 21:22

have you spoken to a solicitor? I’d try and speak to a solicitor and CAB as soon as you can. It’s a short marriage with no children so you may be entitled to very little on divorce.

millymollymoomoo · 01/05/2023 22:19

You will be entitled to a share of all marital assets

IAmBreathing · 01/05/2023 22:35

Thanks both. I will speak with a solicitor wrt settlement, although o realise I may be entitled to very little.

But I'm hoping for advice about benefits in the meantime please..

OP posts:
Lizzt2007 · 01/05/2023 22:44

Claim now. You are now a single parent with a low income. Don't wait. Everything that needs sorting out financially will affect any claim, but whilst that happens you need an income. Any child maintenance you get paid does not count as income either, so if he pays mortgage/bills in lieu of maintenance for the time being they will not count that as your income. Sorry you're going through this op .

Babyroobs · 01/05/2023 22:51

You can claim Universal credit now but with only one child and depending on earnings and not claiming rent element it may not be much. You should also claim single person occupancy on your council tax. I guess the house will need to be sold, and if you end up with more than 16k capital/ equity from that you would not be eligible for UC anymore.

Babyroobs · 01/05/2023 22:54

And just to warn you, Universal credit can be a bit tricky for self employed as you may need to attend meeting to see if you are gainfully self employed etc.

Babyroobs · 01/05/2023 22:59

Another consideration should be what your ds will be doing next. If he is sitting GCSE's this year and not staying on at school or college ( for example doing a paid apprenticeship) then any UC child element for him would stop. If he is continuing in full time education then you may be eligible for some UC for the next 2 / 3 years.

Babyroobs · 01/05/2023 23:06

Sorry one more thing. You can claim UC if you do not have more than 16k savings. Anything over 6k would reduce the monthly amount you would get. Are your ex's savings just in his name? This is important to consider because if you have access to the savings then it would be considered for UC. If not in your name and no access to it then you should be able to claim UC.

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