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Married but living in different countires, will it affect my universal credit?

39 replies

AmyLouise2024 · 25/09/2024 10:47

Ive recently got married to my Husband, weve been together for 2 years but he lives and works abroad. He does not come to the uk instead we travel to see one another every 3 months due to his work commitments. Im currently on universal credit due to leaving work and my little boy having ASD.
Im just wondering will this affect my universal credit as he does not live with me?
New to this so not sure if im even posting in the correct place!

OP posts:
FeedingThem · 25/09/2024 11:04

In theory it shouldn't, after all you could be married and separated. No one would expect his wages to be considered until your divorce is finalised.

Can I be nosey and ask why you'd marry someone who doesn't live in the same country and who you see four times a year?

Bromptotoo · 25/09/2024 11:13

If you permanently live at separate addresses (even if his was was in the UK) then you're fine.

If he were in the UK and you could be seen as living together as a married couple, i.e. he spends most of his time at your place it would be different.

letsfindacat · 25/09/2024 13:55

Agree with pp, UC only recognise you as a couple if you live at the same address (even if both in the UK) so in your circumstances they would view you as a single parent even if married. Just be careful not to have any of your DH's mail going to your home, or anything registered in his name, as they would assume that he is living there even if he is not.

InfoSecInTheCity · 25/09/2024 14:51

What exactly is the financial set up.

You are making it sound like you are 2 completely separate individuals with no tied finances at all and that you claim based on being a single person with no income.

But you're married and your husband works away, so as a family there is an income, your husbands. Do you have no access at all to that or are you declaring that income and still entitled to UC?

SwiftiesVSLestat · 25/09/2024 14:53

So you are married to a man you don’t live with and he doesn’t pay anything towards living costs/bills for his wife and child?

edited to say sorry that sounded really arsey. But I don’t understand why he isn’t supporting your joint household.

Normallynumb · 25/09/2024 15:08

The rules are complicated for UC, and as it's very unusual to be married but live countries apart, I believe they may look into the circumstances of why it's a single claim
Does he pay towards your household expenses?
Is your DC his?

Bromptotoo · 25/09/2024 16:08

letsfindacat · 25/09/2024 13:55

Agree with pp, UC only recognise you as a couple if you live at the same address (even if both in the UK) so in your circumstances they would view you as a single parent even if married. Just be careful not to have any of your DH's mail going to your home, or anything registered in his name, as they would assume that he is living there even if he is not.

His mail etc going there might be enough to cause DWP to ask questions. However. if OP can show he lives elsewhere and outwith the UK they cannot treat them as 'living together as a married couple'.

Bromptotoo · 25/09/2024 16:12

Normallynumb · 25/09/2024 15:08

The rules are complicated for UC, and as it's very unusual to be married but live countries apart, I believe they may look into the circumstances of why it's a single claim
Does he pay towards your household expenses?
Is your DC his?

It's not that unusual to be married and living in different towns never mind different countries. Whether or not you're legally married has no bearing on how UC treat the relationship.

A joint claim arises if you're living together as a married couple and there is extensive guidance and case law on this.

Josette77 · 25/09/2024 16:15

Bromptotoo · 25/09/2024 16:12

It's not that unusual to be married and living in different towns never mind different countries. Whether or not you're legally married has no bearing on how UC treat the relationship.

A joint claim arises if you're living together as a married couple and there is extensive guidance and case law on this.

It seems unusual. I don't know any one who lives in different countries and do not share finances with their spouse.

Bromptotoo · 25/09/2024 16:32

Josette77 · 25/09/2024 16:15

It seems unusual. I don't know any one who lives in different countries and do not share finances with their spouse.

Different question from single or joint claim.

If OP's hubby is sending her money then that may be income for UC (or it may not!!) but she's still a single claim for UC.

FeedingThem · 25/09/2024 16:45

Josette77 · 25/09/2024 16:15

It seems unusual. I don't know any one who lives in different countries and do not share finances with their spouse.

Plenty of people separate and don't immediately get divorced. Technically my sister lived in the same town but different house to her husband for years.

Josette77 · 25/09/2024 17:55

FeedingThem · 25/09/2024 16:45

Plenty of people separate and don't immediately get divorced. Technically my sister lived in the same town but different house to her husband for years.

Yes, I have that too. Still married, separated for 4 years. We still file taxes together.

Living in a different country though and not receiving financial support from her husband is not the same though.

They got married while living in different countries.

Blushingm · 25/09/2024 19:13

Don't UC ask for any other income - child maintenance etc. if he's sending money then surely it's classed as other income?

letsfindacat · 25/09/2024 19:23

UC isn't affected by any amount of child maintenance.

AmyLouise2024 · 02/10/2024 11:50

Hi,
My son is not his and his mail does not come here.
He's waiting and working in Norway while we look for well enough paid work here to go ahead with living documents etc.
He does not send me money as my child is not his

OP posts:
AmyLouise2024 · 02/10/2024 11:50

Hope this helps 🙏

OP posts:
Blusterydaytodaypoohbear · 02/10/2024 11:54

When we got married we didn't live together for 6 months. I continued to claim benefits.. I had to repay those 6 months. Marriage =financial ties even when not at the same address ime. Not the government's fault you don't live together. Why should they support you when you are in a married relationship?

Fiestafiesta · 02/10/2024 11:58

But you’re married - he SHOULD support you, that’s the whole point of being married surely. You are now a financial unit. Why should other taxpayers support you instead of your own husband?

Bromptotoo · 02/10/2024 13:11

Fiestafiesta · 02/10/2024 11:58

But you’re married - he SHOULD support you, that’s the whole point of being married surely. You are now a financial unit. Why should other taxpayers support you instead of your own husband?

Because they don't live together.

It's that simple.

Whyherewego · 02/10/2024 13:19

AFAIK you have to declare you are married but you can also explain that you are not living together and explain why just as you have here.

13Ghosts · 02/10/2024 13:19

Does he have the right to live and work in the UK? Or is the marriage to allow this? You'd be better off seeking advice from a solicitor because if you are claiming UC now, you could be made repay it if he comes to live with you at the very least. Spouses from outside the UK rules are very complex, you're not going to a reliable answer to your situation on MN.

YouveGotAFastCar · 02/10/2024 13:21

Do you go to Norway every three months to visit him?

If your visits are ever longer than 28 days, your claim will close. That might be more of an issue, as I'd imagine only seeing your husband for less than a month every quarter won't be the best...

But as everyone else has said, you can explain that you're married but he doesn't live here.

Bromptotoo · 02/10/2024 16:02

Whyherewego · 02/10/2024 13:19

AFAIK you have to declare you are married but you can also explain that you are not living together and explain why just as you have here.

When you start a claim for Universal Credit you are asked a series of questions around whether you have a partner.

If you answer that you have a partner but do not live with them you are directed to make a single claim.

It's literally that simple.

One of the principles in UC is to keep it simple with the rules being thick clear lines. This, like changes affecting your benefit for the whole of the monthly Assessment Period in which they are advised, is an example of that.

yeesh · 02/10/2024 16:06

Maybe explain your situation a bit more? It sounds complicated as most people who are married but don’t live with their spouse will be separated not together. You need to get this right as if you are claiming if when you’re not entitled then it will be you that’s gets in trouble not him.

Whyherewego · 02/10/2024 20:33

Bromptotoo · 02/10/2024 16:02

When you start a claim for Universal Credit you are asked a series of questions around whether you have a partner.

If you answer that you have a partner but do not live with them you are directed to make a single claim.

It's literally that simple.

One of the principles in UC is to keep it simple with the rules being thick clear lines. This, like changes affecting your benefit for the whole of the monthly Assessment Period in which they are advised, is an example of that.

Edited

Yes my point was merely that if the original UC claim predated the marriage then I thought the marriage would be a notifiable event.