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Category: Family Law
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I think I’m asking if my husband can receive lump sum ie

Customer Question

I think I’m asking if my husband can receive lump sum ie £80,000 from sale of bungalow via consent order then he has the choice of either paying me (perhaps Spousal Maintenance or would it be a Trust so that should he die before me I would still receive payments? I could do with knowing this ) day £500 every 4 weeks out of this Trust or Spousal Maintenance ‘pot’ OR he could use it for nice possibly expensive holidays and quality of life (58 now).You see I am disabled and we are divorcing. He is insisting on me having his share of our bungalow in order for him to retain his pension pot of £237,000). The issue is should I have any money left after purchasing my own place it will immediately go on £24,000 pa home care and I will need to pay for adaptive work on property as I use a powerchair. Our present bungalow is worth £410,000. My home to be will cost £269,000.
He has stated to others that he feels “restricted” by me due to health issues and therefore:
1) I do want him to have nice hols if he wanted post consent order and divorce because no matter what he did (Dom Abuse over Covid 18mth period) we have been married 28 years.
2) I feel it’s crazy for me to receive all this money from property sale when at present I receive my home care package from the council and would likely be entitled to £30,000 DFG for work needed doing on new place.He thinks I will have surplus money for the rest of my days yet I know in approx 3-4 years I could become homeless & destitute unable to pay any bills with no spare money left in my account and I’m only 52 not 80 so my life could be another eg 10 plus years, who knows.So
Is this something that could be done within the Consent Order we are currently working on with our solicitors.
ie What could I ask my solicitor to suggest to his? A Trust or Spousal Maintenance pot? I don’t know if this is legally acceptable/do-able?
Submitted: 9 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 9 days ago.
Good evening and thank you for your question.  I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter.

Whilst the starting point of any division of the matrimonial assets after a long marriage is a 50:50 split, a departure from equality can be justified where one party has additional and/or specific 'needs.'  Quite often, they are due to an infirmity/disability.  The fact he feels 'restricted' is tough luck.  If you had remained married, he would have accepted your disability and you would have adjusted your finances (and adaptations to the house) accordingly.

Customer: replied 9 days ago.
Heehee like it!
The Big Crunch question is are there any legal ‘products’ available through companies such as a type of trust, life insurance, gift where by I can retain whatever the surplus amount might be OR a family member such as my mother or brother, even possibly (within the consent order) my soon x-to be husband is able to retain the sum of money for me perhaps for extra needs such as a holiday with Revitalise a holiday organisation for the disabled which has centres within the uk. Or for maybe replacement of the old conservatory on bungalow I hope to purchase shortly? Even to help cover living costs from here on? When all this surplus cash is gone on my home care and adaptations to new home I will not have enough money with PIP, ESA Support Group to live on at the age of around 55 and surely the Government can’t expect Disabled people not to have any holidays or other things apart from basically just existing can they? Is there any form of gift or payment which can be received by me from them that isn’t classed as income within financial assessment for home care that people have written into a consent order as my husband has refused to receive any monies from the sle of the property (bizarrely) so it will go on care then I’ll have nothing after very few years. I originally thought it would be so much better for me if the surplus money was issued to me 4 wkly if care was according to savings but I see now that it isn’t. I’m a bit of a dog with a bone you see and always hunt around for answers to things whereas with this I don’t think there is one, this is my lot in life. That within 3-4 years I won’t be able to afford running my lovely new bungalow nor afford or legally be allowed a holiday for fear of it being classed as ‘deprivation of assets’ it all terrifies me along with being on my own after 28 years marriage and using a powerchair. I want to be able to afford or pay for pleasant enjoyable things like when we were married as it’s him who became abusive through Covid and I’m the one who will suffer for it in the not too distant future. Sorry to ramble on
Expert:  JeremyT1020 replied 9 days ago.

Hello again. Do you have any children?  I'm wondering if you could set up some sort of discretionary trust administered by a trustee that would allow them to pay you (or the children) a sum in the event of hardship, need, etc.  As you would not have an automatic entitlement to trust funds, the trust would not impact on means tested benefits and entitlements.

Customer: replied 9 days ago.
Hi yes that’s exactly what I’m hoping for. I couldn’t have children due to health issues so that’s a no go. I have an older brother who is 54 & living close by, 84 yr old mother currently nxtdoor but not once I love of course and soon to be x-husband who would ‘hold’ for me due to my health circumstances that surplus amount somehow according to the Law and hopefully wouldn’t need to be included as income or part of a means test for benefits nor home care financial assessment.
What would you call it then?
Husband wouldn’t be classed as family yet could receive the money through the consent order so I haven’t a clue what type of trust or similar it would be called, do you?
Customer: replied 8 days ago.
Hi again, ok so having researched a little more, please let me know what you think about this scenario:
IF my husband received the approximate amount of say £100,000 from the sale of our joint home couldnt he then using the Gift Hold-Over relief set up a type of Trust for me using s260 me being an individual (and somewhere I read an ‘infirmed’ individual can receive ‘Gift’ Help who doesn’t HAVE to be a relative as my husband won’t be after 2nd September 2022.
What would that type of Trust be called please?As you said it would need to have no effect on my means tested care package, Home Facilities Grant. It would be a Trust Inwould hopefully be able to use for the rest of my days should, say energy bill hikes become too high a living cost for me, for possibly a change of vehicle for my needs later on, any large maintenance jobs on property etc etc oh and even maybe a holiday each year?
Could this be drawn up by a solicitor to fit within our Consent Order?
The Trust, I would hope would allow me the best possible chance of moving away from the hurrendous family bullying and emotional abuse I am under too in that if I choose, I could maybe downsize & move to Cornwall any time which would benefit my health as The funds would still not be taxed as Inwould be purchasing the future home and living in it permanently.Please can you help me by checking if this is legal, do-able and direct me to the correct Trust type I might be hoping for?
Many many thanks
Customer: replied 8 days ago.
Hi are you there?
Expert:  JeremyT1020 replied 8 days ago.
Hello. Yes, I am here. Your follow-up questions are very long and detailed so I genuinely haven't been able to give them my attention until today.
Expert:  JeremyT1020 replied 8 days ago.
I'm going to answer them in bullet point.
Expert:  JeremyT1020 replied 8 days ago.
1. It would be called a discretionary trust.2. Scenario - I don't know. I can only provide general guidance. You detail a very specific situation. I haven't seen your financial disclosure nor your husband's financial disclosure. You will need to appoint a solicitor to discuss this level of detail, I'm afraid.3. Yes it could be drawn up by a solicitor. Probably a different solicitor than the matrimonial solicitor. The consent order would refer to the existence of the Trust. It could even annex a copy of the Trust.4. I believe it is a discretionary trust.
Customer: replied 8 days ago.
Apologies I have Autistic tendencies when it comes to writing ie Detail
Customer: replied 8 days ago.
3 short questions:1. Upon reading about this type of Trust in Gov website it appears to be when married or partners, 2 people jointly own that part of the property or disposal so does this mean he also could ‘draw’ from the Trust any amount and any time too?3. Does the Trust have to allow the survivor the right to remaining money?2. Would a discretionary Trust allow me the freedom to put in requests for funds throughout my lifetime, any time? Or is this only possible post-death of my husband please? Morbid I know.
Expert:  JeremyT1020 replied 6 days ago.

Hello again.  In answer to your questions:

  1. You are still married at the moment.
  2. Depends how you set up the trust, who administers it and what you agree in the overall settlement with your husband.
  3. Up to you.
  4. Yes, however, you should bear in mind the distribution is at the discretion of the trustees.

I trust that assists.  Each trust is very different so that is why you'll need specialist in-dpeth advice.  Thank you again for your question and for using Just Answer.  Best of luck for the future, J

Customer: replied 6 days ago.
Thank you Jeremy, you have been a tremendous help to me Take care