Divorce but still under same roof

[mandyjb]

Me and my husband want a divorce. It is a mutual decision and we are still friends (no arguing or kids or assets to worry about). We just have not had a full marriage for a couple of years and do not feel the urge to continue being married. We both have our own bedrooms and still share the cooking, cleaning etc. We plan to get a quickie divorce online. How would this affect our working tax credits and housing benefit contributions we get. I am a director of our company and he the sec. Would we just have to change our status?

[ummmm]

It's a change in circumstances so they should be informed.

Being a director and company secretary won't make any difference. Holding those positions doesn't mean you drawer a wage.

Presuming you do drawer a wage, who earns the most?

[mandyjb]

None of us draw a wage at present. As you can appreciate, all monies goes back into the business during the first year at least.

[ummmm]

What are you living on? Second jobs?

[mandyjb]

No. We just muggle through best we can. We don't have a car. We walk everywhere. We don't smoke or drink. we just put all our efforts into the business. Sounds dull I know, but that's just the way it is at the moment.

[ummmm]

Well you must drawer some sort of wage if that's what you're living on. How do you pay for your food and bills?

[mandyjb]

the tax credits we get pays the bills and goes towards rent and we live on noodles. They are very filling and only 12p a packet.

[ummmm]

Well then you'll have to claim as two individuals.

Do you rent your property? Is the rental agreement in both names? Same for council tax?

Your best bet is to phone them and explain the situation. They are very helpful.

[mandyjb]

ok. Thanks for your help. Off to bed now, will phone them tomorrow. Nite Nite.

[bednobs]

If you are a former married couple, living in the same house, i'm not sure the benefits agency will allow you to claim as two individuals

[bednobs]

also, none of my business i know, but why don't you just get jobs if your business is a bust?
Also ummm, again, nothing to do with the thread but i just am itching to say it's "draw" a wage, not drawer (that's the thing you keep your socks and knickers in)

[themas]

So far as tax credits are concerned, please be very careful what you are doing. They investigate these claims in detail - often after one or both of the parties has made a successful claim - & then stop the payments on the ground that the claim should still have been as a couple. You cannot rely entirely on what the helpline tells you.

If you still have any joint financial arrangements & are living in the same house they will almost certainly see you as still being a couple (whether you are divorced or not). Also one of their favourite questions is to ask whether the party claiming is still cooking for the other. You say you do. I suspect that - whether they tell you so now or not - they will very likely eventually say you should have claimed as a couple. They will then stop your payments & say you have to pay back all you have had as a single claimant.

Your local CAB should be able to give you some detailed advice on this. I think it may well be best for you to continue with a couple claim until you are really separated - preferably by not living in the same house. Certainly, do not apply singly until you have filed for divorce & can truthfully say your finances are totally separate & you are not cooking, cleaning etc. for the other party. That would certainly avoid a long drawn out hassle & period without any payment if you do claim singly & it is then stopped. In reality, the decision on whether you are a couple should be made on overall consideration of a variety of factors but the Tax Credit people generally ignore most of them in making their initial decision & stopping payments.

[EDDIE51]

As themas say you will still be regarded as a couple for benefit purposes.
You get quite a lot more as 2 individuals so if it was as easy as that everyone would do it. There are very many couples married or not who live as you do but they have to claim as a couple.