Hi, my name is Hannover! Is PIP taken into consideration for divorce settlement?

Hannover

I'm on PIPs benefit is this taken into consideration for divorce settlement, thanks 

poppy123456

Hi,

Yes, it's considered as income and needs to be declared. You should speak to your solicitor, which i assume you have.

chiarieds

Hi @Hannover - & welcome to the community. When I went through a divorce 2 years ago, I thought surely a PIP award would not be considered. You do have to mention the amount you receive in your Financial Disclosure, but I thought that was it.

Ideally you should seek advice from a solicitor who deals with such issues as divorce. I was advised by mine, that, if matters went to court, 2 different judges on the same day would likely have opposing views; one would consider it has to be taken into account with a divorce settlement, & the other not. As I was advised that it might cost me £10,000 to try & resolve this in court, I decided against it.

As everyone's circumstances will likely be different, do engage a solicitor versed in divorce & family law, as they are in the best position to give you personal advice. If you can resolve matters amicably, this should result in less cost for you both.

Hannover

We're trying to have an amicable split and not to involve solicitors, but it's going to be messy as he has made money in which he will not declare as I've no evidence of how it was made or in any bank accounts, thanks 

chiarieds

I'm sorry you're having problems due to him having money he appears to have no wish to declare. This is where having a full 'Financial disclosure' may likely be helpful. If you search online for that you will get the gist of it from many solicitor's explanations. This would likely be easier with a solicitor's help; if you ask for financial disclosure, he will have to comply, & it's amazing what a solicitor's letter can do. Here's the Form E you would each have to complete: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

In many instances you can get a free 30 min appointment with a solicitor, so that may be worthwhile.

Wibbles

Would an ill health pension be counted as assessable income in a divorce settlement ?

PIP is definitely not...

They also look at potential income in future.

ie) If you are disabled, your potential future income is likely to be more limited than a non-disabled person.

jeanlafont

hmm i do not understand issue put i would apply to the small claims court sue him on grounds money
claim why its free if your unemployed my first port of call if claim their you ex partner is in same town make claim in his place of residence head up make it so! 

poppy123456

jeanlafont said:

hmm i do not understand issue put i would apply to the small claims court sue him on grounds money

Sue for what exactly?