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being on benefits during divorce proceedings

  • mm
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10 Sep 22 #519954 by mm
Topic started by mm
Dear Sirs

During a divorce financial settlement, how does the court look at the wife if she has started living on benefits? while the husband is a millionaire? He has refused to give a dim .

Moreover if the husband is a property typhoon with 5 properties, can he force the wife to quit the family flat and go for a retirement home instead?
Would the courts approve of the husband's proposal, if the wife is unwilling to leave ?

Will appreciate replies.

faithfully yours
Mary

  • hadenoughnow
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11 Sep 22 #519956 by hadenoughnow
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Without knowing the details of the case it is hard to comment. As a matter of principle though, lifestyle during the marriage is a factor. If there are enough funds to avoid recourse to benefits I would expect periodical payments to be considered.
Housing need is a consideration as is the affordability of any property. Both parties should provide details of suitable alternative accommodation to help determine what capital sum is needed. No one can force you into a retirement home.

We can advise more effectively if you can tell us a bit more including ages, incomes, length of marriage plus any cohabitation, value of assets including pensions.

Hadenoughnow

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05 Oct 22 #520069 by TrialRun
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I'm not entirely sure this is true nowadays, although we might be talking at cross purposes. If someone is pursuing spousal maintenance, the latest guidance suggests that first they should maximise their earning capacity including benefits. The OP here should at least be working and maximising all their income sources including benefits and then if there is still a shortfall then maintenance would be payable.

However, there is a lot of capital here so I would expect it to be divided equally too. Depending on the length of the marriage and who brought what to the marriage of course, which the OP doesn't say. And the ages of the parties.

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