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Divorce settlement, benefits

Posted by Joebaxi 
Divorce settlement, benefits
March 12, 2024 08:23AM
Hi all.
The wife and I are currently discussing divorce. We’ve been married 18 years total but separated for the last 6 years. Throughout the marriage we lived in rented accommodation and are both now in our own rented properties, she still in the last property we rented which is a 4 bed and me currently in a 1 bed flat. I have our 17 year old son living with me permanently and our youngest son 12 we share 50/50 custody, both boys sharing bedroom and me on sofa bed. We have no marital assets whatsoever, no savings, no pensions or property. I always worked and the wife stayed home and claimed whatever benefits we were entitled to. She remained on benefits since the split and obviously now gets full benefits, rent, child benefit, family allowance etc plus universal credit. I’m not in a high paying job, around 24k gross and I pay her £150 pm maintenance for our youngest so our incomes aren’t vastly different each month. Btw I’m 54 and she is 42.
The thing is I’ve recently received a large inheritance (93000) from my dad who passed away last year. I’ve spoken to a solicitor who has told me this is a non marital asset because of the lengthy separation and has strongly advised me not to make her any offer due to her being on benefits and any lump sum would virtually destroy her income and also she would have to agree to this for a consent order to go through. I’ve told my wife this and she is quite happy not to pursue any of the inheritance but I would hate to see her get nothing and I just cannot see any judge in any universe rubber stamping this.
Any thoughts would be greatly appreciated
Thanks
Re: Divorce settlement, benefits
March 20, 2024 12:02PM
What you have been told by a solicitor is correct. The inheritance in this case is in principle not a matrimonial asset. Further, there would likely be no benefit in sharing it with your wife because any share you did give her would probably reduce her benefits pound for pound. Also, even if you did share it with her it would not be sufficient to enable her to buy a house or anything like that. For these various reasons a judge would indeed very likely approve a consent order in which the inheritance was not shared. Some explanation would be required but there is a good explanation in this case.
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