Question re. UC, getting married but not living together

[quicknamechange111111]

So some people might wonder why I would want to get married but not live together however I am now used to my own space and don't want to live with my partner (or any partner) full time. At least not until my children have grown up and left the house.

But I would really like to get married. Can anyone tell me how this affects Universal Credit if you did this? Obviously there are 2 houses to pay for, he is working and I am studying. I will likely need some support from UC for the next 3 years until I am fully qualified.

Would we have to make a joint claim if we were married but living separately?

Marriage is important to me but living together is not. I know that may some strange but it's how I feel. There was a thread recently touching on the subject and I'm sure at least one person said they were married but living separately.

If you are happy living apart then why change it? Living together is not mandatory because you are married.
I knew a couple many years ago who bought houses next door to each other because they were happy living apart in their marriage.
I am sure you can claim separately if you are not living together.

You do realise that legally your spouse will have some rights if you're married even if you don't live together?

I’m in a similar position - been with my DP for 8 years but we both have children and don’t want a huge house full of kids and all their friends, and all the compromises that would entail re schools and sleepovers etc - imagine having 5 teenagers under one roof!!

So we have kept our separate family homes for the stability of the kids. But I would also like to be married to show our commitment to each other.

I think the issue with UC is that once you’re married, the legal and financial commitment you make to each other to share everything you have would mean that the higher earning partner would be expected to subsidise the lower earning one, so in UC terms, even though your outgoings would be larger than a regular couple, your income would be treated as joint.

It doesn’t make sense but I guess it’s just too open to abuse if that was allowed.

I’ve heard it said on here that even if a couple isn’t married and doesn’t live together, if you food shop together or he sleeps over at all, you could be considered to be ‘living together as a couple’ for UC purposes. Which would mean no single mum could ever have a relationship because who the hell is going to move in a new man without ever having spent a night together or had him cook you dinner?!!

I don’t know where the line is drawn if it were to go to court but I’m pretty sure marriage would be over that line.

I'm not 100% sure how UC works but I guess it would depend on whether you were putting in a single or joint claim?

If it asks household income i'd imagine that would be single, technically - But joint income would be as a couple as you'd be expected share finances?

That is a confusing one!

@osbertthesyrianhamster

You do realise that legally your spouse will have some rights if you're married even if you don't live together?

I don’t get the impression that the OP is worried about her spouse having rights. She’s asking if for a UC claim they would be considered separate households.

Thanks everyone - I thought I might get a lot of stick! I know it's a weird one to figure out and waiting until I've qualified would be the sensible thing to do as he would be unable to support both households. The wedding dress and wedding rings have been bought 3 years ago, it's the living situation that's stopped it going further.

"To claim Universal Credit as a couple, both you and your partner must:

be living in England, Scotland or Wales
live at the same address
be married to each other, civil partners of each.." www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

The big difference between tax credits and universal credit is that for tax credits a married couple is presumed to be a household unless they can prove otherwise, but for universal credit you actually have to be living together to be a couple.

Having said that, if you claim as a single person, you then are subject to the work requirements, etc., and can't rely on your partner's working hours to release you from a work requirement, etc.

Not UC but I found this on a site reg tax credits which might be similar.

"The HMRC compliance manual states; From the date on which a couple marry they will be treated as a married couple for tax credit purposes even if they do not begin living in the same household."

I was wondering about this but from a slightly different perspective.
I’m considering separating from my husband but I would have to remain in the house for a few months at least while things were sorted - difficult finding somewhere to live with 4 dogs. However if I did this (we have a spare room which is basically mine already) and our finances separated I’m not sure if I would be allowed to claim. I’ve never had to claim anything and I can’t seem to find an answer.

Do you have children together or any joint bank accounts?
If you don't live together, bills separate, don't have a joint account, don't sleepover at each other's more than 3 nights a weeks then yes you would tick on the application i have a partner but dont live together and that would process you a single claim.

ETgo yes if you are separated financially but still living in the same property you can claim.

There is a universal credit webchat n helpline called help to claim on citizens advice website.

I would have thought that if you are married, you would be treated as one household. Not many married couples could afford to live separately.
It is a bit strange to be honest and I think would look a bit suspicious on any claim form.

From what I remember, if you are married you are treated as one household

If you are married but divorcing and still living in the same household you can claim, but be prepared to jump through hoops to prove it, so you might be able to do something like this, but its very unlikely.

If you are a single parent, you can date etc and there is no amount of times you can have a partner stay over as long as they can prove the have a seperate address, so that is again something you can look at.

But the fact you are getting married and expecting the State to help you rather than your husband or wife is where you are going to hit problems, your best bet is not get to married and claim as a single person

If you want to look I've in separate households go for it. But why are you expecting the tax payer to pick up the tab?

Clearly living in two households is more expensive, can you not see that it is morally wrong to expect universal credit to subsidise a life choice?

It's a loophole that you can be officially single legally for UC and maybe for other benefits and bursaries like childcare costs when you have a husband who can share the load with you etc .. i agree its morally reprehensible. If you do it i wouldn't let others know because you will be judged.

Tax Credits and universal credit work differently. revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/ explains tax credits.

For universal credit, living together is the first condition for a joint claim.

@givemesteel

If you want to look I've in separate households go for it. But why are you expecting the tax payer to pick up the tab?

Clearly living in two households is more expensive, can you not see that it is morally wrong to expect universal credit to subsidise a life choice?

I'm afraid I agree with this.
Why do you want to be married? Is it for security, to demonstrate your commitment, to be linked with someone 'for better or worse' etc? If so, then you are a couple and responsible for each other.
I understand you want to live separately, but why should the state fund that for you? The welfare system is intended to support people who don't have other means (or to top up those on limited income). This does rather come across as 'playing the system'.

I took back my ex after having left for 6 months and claiming alone.. He refused to move into my council house.. Twatty snob..
We lived apart for 6 months. Benefits found out and I had to pay it all back! Legally he was financially responsible for us both not them they said.

Example
Married couple live together, but one person works away abroad for months at a time
You would have a joint claim

Most married couples probably cannot afford to live in 2 seperate house holds

I would think carefully about getting married if you have no job of your own & become financially dependant on your spouse, if they would need to support you

Hey I know this is an old post but I was wondering if you ever got an answer to your question.
I too wish to marry my partner but cannot live together due to complicated reasons. He works and has his own place, where I am disabled and also care for my disabled son. I can't find anyone who can give me a definite answer about still being able to claim housing and council tax benefits.
Many thanks

All those years of my husband away in the army that I didn't claim benefits...how stupid was i

Ive come to this thread as I'm in the same predicament. I want to get married to my partner but we are currently living separately due to no space. we both have a 1 bed flat and we have 3 kids. We're both entitled to benefits, he can't work and gets Disability and my youngest is 5 months old. We planned on moving in together once I get a bigger accommodation but that is looking to be likey 10-15 years time. Once my youngest turn 3 I'll be going back to work and paying my full rent. We don't want to wait 10-15 years but we can afford to lose either of council flats

Hi. Just to add for anyone else looking, I spoke to Citizens Advice about this and they were very clear that you would only need to make a joint claim if you live together. You can be married but living seperately and still make single claims.