Maintenance and Social Welfare entitlements

John_Rogerson

I have a query with respect to the relationship between the maintenance for a spouse and her social welfare entitlements.

If we negotiate a separation agreement and decide on an amount for maintenance, she can then make a further claim for social welfare payments, possibly in her case jobseeker's allowance and rent allowance. In our case, no property or kids.

My understanding based on the guidance at the Citizens Information website is that maintenance is assessed as means when you apply for various types of social welfare payments.

Obviously I want to minimise the maintenance payment.

Does anyone have experience of this? I will of course be seeking advice from my solicitor about this in due course.

Stheno

John_Rogerson wrote: »

I have a query with respect to the relationship between the maintenance for a spouse and her social welfare entitlements.

If we negotiate a separation agreement and decide on an amount for maintenance, she can then make a further claim for social welfare payments, possibly in her case jobseeker's allowance and rent allowance. In our case, no property or kids.

My understanding based on the guidance at the Citizens Information website is that maintenance is assessed as means when you apply for various types of social welfare payments.

Obviously I want to minimise the maintenance payment.

Does anyone have experience of this? I will of course be seeking advice from my solicitor about this in due course.

What is your query?

John_Rogerson

Will her solicitor advise her to obtain more maintenance from me, or seek to top up the maintenance with Social Welfare payments?

Stheno

John_Rogerson wrote: »

Will her solicitor advise her to obtain more maintenance from me, or seek to top up the maintenance with Social Welfare payments?

No idea to be honest, any maintenance she gets will be considered against her claim for welfare.

Spousal maintenance is not especially common here.

Does she not work?

John_Rogerson

She's an artist, irregular income.

Stheno

John_Rogerson wrote: »

She's an artist, irregular income.

Ah OK. Your best bet is to talk to your solicitor too many variables for anyone here to help you

John_Rogerson

Thanks.

tmalmb

The reality is both can be pursued in other words she can press for more spousal maintenance and press for whatever social welfare entitlements are available to her. (This is currently what my Ex is doing)

John_Rogerson

tmalmb wrote: »

The reality is both can be pursued in other words she can press for more spousal maintenance and press for whatever social welfare entitlements are available to her. (This is currently what my Ex is doing)

I see. Thanks.

I suppose what I'm driving at is whether my means would affect the level of social welfare payments she could get. What determines the balance between my maintenance and social welfare payments?

tmalmb

the simple answer is they would be taken into consideration as spousal maintenance would be seen as a source of income (unlike child maintenance)

rebelwithcause

tmalmb wrote: »

the simple answer is they would be taken into consideration as spousal maintenance would be seen as a source of income (unlike child maintenance)

Child maintenance is taken into consideration in assessment of sw benefits. There is absolutely no differentiation between spousal and child maintenance in their calculations.