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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in receipt of disability living allowance (care component

Resolved Question:

I am in receipt of disability living allowance (care component and mobility component) will this be taken into account as income in my divorce settlement?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youCould you explain your concern about this please - since it is certainly your income!
Customer: replied 2 years ago.

Hi. My concern is that I am divorcing and making a claim against my wifes L.G.P.S. She is in receipt of this pension and I am claiming a proportion of it but need to know if my disability living allowances are taken into account as income. If it is then this may discount me from making a claim on her pension.

Expert:  Clare replied 2 years ago.
Not necessarily.How long were you living together and what overall income do you each have?
Customer: replied 2 years ago.

My income at present is £317p.month D.L.A. and £115 p.week e.s.a but by the time this goes to court I will be on state pension which is projected at £153 per week and £15 per week private pension. My wifes income is £9500 p.annum private pension and £138 per week state pension.

Expert:  Clare replied 2 years ago.
You will still receive DLA (or PIP by then)?
Customer: replied 2 years ago.

Not sure we have been married 22 years. The rules for pip are not the same as for dla. My wife also gets the same amount of dla but her disability is not genuine as mine is so one or both of us may lose it. So I wanted to know if she loses it and I do not will it affect my settlement claim. She is already retired and they are calling in claimants who are retired first from next month I may come after her. I do not retire until February.

Expert:  Clare replied 2 years ago.
All benefits you each receive will be considered by the court in deciding whether or not there should be a Pension Sharing OrderFrom what you have said a Pension Sharing Order OR spouse maintenance is a real possibilityPlease ask if you need further details
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