Hi, my name is Hannover! Is PIP taken into consideration for divorce settlement? — Scope | Disability forum
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Hi, my name is Hannover! Is PIP taken into consideration for divorce settlement?

Hannover
Hannover Community member Posts: 2 Listener
edited January 2022 in Start here and say hello!
I'm on PIPs benefit is this taken into consideration for divorce settlement, thanks 

Comments

  • poppy123456
    poppy123456 Community member Posts: 49,618 Disability Gamechanger
    Hi,

    Yes, it's considered as income and needs to be declared. You should speak to your solicitor, which i assume you have.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • chiarieds
    chiarieds Community member Posts: 15,464 Disability Gamechanger
    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
    Hannover Community member Posts: 2 Listener
    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
    chiarieds Community member Posts: 15,464 Disability Gamechanger
    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
    Wibbles Community member Posts: 1,460 Pioneering
    edited August 21
    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
    jeanlafont Posts: 17 Connected
    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
    poppy123456 Community member Posts: 49,618 Disability Gamechanger
    hmm i do not understand issue put i would apply to the small claims court sue him on grounds money
    Sue for what exactly?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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