I am in the process of divorcing an unpleasant man and the final divorce hearing has recently occurred. The cash in our accounts was taken into consideration and split in half, that included my recently backdated PIP award and current PIP payment that I had fought so hard for.
I queried this with my barrister and he said it was in my account and therefore it was split 50/50. How can this be? This money was awarded to me to make my life easier, not to be given to the man I had removed from the house almost two years ago.
If I had given that money to someone else frivolously I would be at risk of losing my PIP payments (and rightly so). But it can be handed to the spouse I parted from almost two years ago to spend as he wishes, and then I spend the next few months with less money to help make my life easier.
Obviously he cannot have any future payments, but I am stunned he was allowed half of this month's money, and more besides.
xx
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catpurr
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It might be worth asking the PIP people, especially if it was paid into an account in your name. It doesn’t seem fair that he could benefit from the time you parted. I think sadly you need professional advice because it could be argued that the court has deprived you of a state benefit you alone are entitled to. A barrister might not be aware of the regs regarding benefits. if the money was paid into a joint account after the split it could be something that has to be split. I don’t know but think you should get advice.
I have written to my MP, and Scope and am just writing to Mel Stride. It was in my sole account. I cannot see how a disability award could be given to someone else in such a way. I might not get anywhere with my complaining, but at least I can warn others. We fight so hard for our awards, it makes a farce of us and our disabilities.
Sorry you've got to deal with this. That does sound outrageous but, not wanting to pry, is it a significant enough sum that you want to go through the stress of fighting for it? On top of what must already be a stressful situation.
It's clearly unfair, and sometimes feeling vindicated is enough. If you can live and support yourself for the next few months, I'd chalk it down to one of those injustices we sometimes face in which a bad person won the spoils but you emerged the moral victor. If it's really going to cause you serious financial hardship that's obviously a different story.
Wishing you strength and that it's all over soon and a new chapter in your life can begin.
Thank you, life it much better now. It isn't bitterness or anger it is the injustice that this money was so casually handed over is such a "matter of fact" manner when we fight so hard to get help so often. I simply cannot understand why a disability award should be given to a third party in such a way. It makes a mockery of what we go through.
Your points are valid. You may just have a lazy lawyer. Many attorneys (in my experience) just don’t care- & have the attitude they get paid whether they do their jobs well or not! Perhaps another lawyer (a second opinion)?
PIP would be classed as income though wouldn’t it ? The same as any income your ex had at that point. You can do what you want with your PIP, frivolous or not, they can’t take it away because of how you spend it. I hope you get clarification quickly.
Hi Kitty, I suspect you could be correct on both counts. But it is the fact it is awarded to you because you are disabled that makes it unethical at the very least. How one spends one's PIP I guess is another matter for discussion, as would be categorising "frivolously". Perhaps another way of looking at this is that my disabled money has been taken from me and given to a healthy third party without my agreement....
I know it seems unfair and it took alot of effort for you to receive the payment but I’m assuming you get part of any money he has gained whilst not in a relationship with you too, that you haven’t earned? They are just looking at money you have, it doesn’t matter where it came from. Don’t get me wrong, I get where you’re coming from but I see why it’s happened too 🤗
I think you also need to write to Family Law Centre not sure if that’s the right name now. But it’s the head of the judiciary for family law. And I’d believe that because once in an account there is no way it could be proved as PIP it’s a sort of blanket approach. I don’t think it’s fair but sadly it could be a case of swings and roundabouts so you might have a claim against his account. I hope that you can get some solution and do pursue this especially if it was paid after you left him. That might be really important as he was not involved in your care so it cannot be classed as a shared asset. I’d urge you to go back to the court and write down all the dates and payments after that date too.
That's the thing, I had him removed 21 months ago and got the PIP after he had gone so he wasn't involved in my care at all, he played a part in my deteriorating health tbh! I appreciate what you mean re separating the PIP from my other cash but I hadn't taken anything out since the award.
It’s a rotten system that can allow this to happen and I feel angry for you.Do try to find out and a newspaper might be interested as it seems he’s benefiting without reason.
Yes, it's not anger or bitterness, it's the injustice. Another lady on here is about to go through the same, and it is not right. I have written to my MP, the DWP MP, Scope, will do CAB next. I accept you have to divide normal savings, but not PIP. My quest will continue!
The DWP will be onto this for sure. There is no way they will allow him to keep any money that has been awarded to you since you separated. It's hard enormous to get PIP if you are disabled, they aren't going to let an able bodied person have PIP. It might take a while but I honestly think you will get it back . Please keep us posted.
Barristers are in a class of their own aren't they?! I think I will drop CAB a line, it is useful that they are made aware, even if they can't do anything.
Unfortunately DWP could not over rule the law & presumably solicitors on both sides of this very unfortunate case have thoroughly checked the relevant sections of divorce law.
But could it not be deemed as fraud? To take PIP that was not awarded to you after you have separated? That's my thinking. And the DWP are pretty hot on this stuff and I am sure that they have come across this before.
Yup, they charge enough for it but unfortunately things do get missed. I always think it's best to ask the question as I very much suspect this won't be the first time this has happened. 🌷
TBH how will anyone know how much money left to be divided in all accounts came from a Benefit? I doubt anyone can prove exactly where each penny in an account was spent …so unless the complainant wants to spend money on solicitors trailing through bank accounts, pinpointing source & where it went…( impossible in most cases) ……it might be as well to take what is offered & run.
That may sound unfair…but life on the whole isn’t fair. ….Isn’t it unfair that we all have RA? We did nothing to deserve it…but we have it…& we get on with it.
I hadn't used my account since this month's payment and the backdated amount had been put in, so no argument there, he was given half of it. A warning to others I think, keep it separate. I actually blame my solicitor for not warning me.
I agree…these days solicitors do not seem to do their due diligence in many fields…..sadly unless you spend more money sueing them…there is no redress.
Look forward CP….there is a better life waiting for you out there.
If just one person takes heed of my post and takes their PIP out I will have saved someone else from losing out. Thank you for your kind words. My life is improving with each week that passes. I now volunteer for a local domestic abuse charity and at last I am becoming me again. x
Was the PIP money held in an account in your sole name or was it held in a joint account with your soon to be ex husband?
Just seen above, it was in your sole name. This does seem unfair, can't you plead you need the PIP award for XYZ, a piece of equipment to help with your RA, or a deposit for Motability vehicle? Although I suspect your finances were split in half to make it easier to calculate and at least you were awarded 50% and not just a third.
I'm speechless.What an unfair world we live in, that someone can access half of your award, the purpose of the award indicated in the title 'personal'.
It might be useful to contact Citizens Advice, just to check that your Barrister has the facts correct.
I’m so sorry this has happened to you. Having just come out of a horrible divorce myself and spending thousands on solicitors, all I can say is I’m not surprised. The whole system is a mess and needs a total overhaul.
When you have a chronic illness as well, you don’t need half your PIP payment given to your ex.
Keep your chin up, and well done for getting through it 💕
Sorry to hear this, it seems a real injustice when as already said, he isn't entitled to your benefits unless named on the award.
I cant share a lot of wisdom on the matter, but you should be able to challenge the costs order with the court depending on what is written in the final Order regarding variations, for the challenge you should outline that the monies were awarded on X date covering the period of the award and that while it would appear to be capital for assessment purposes (as it is a balance in your account) that the only reason this has not been used to purchase things to make your life easier in relation to your disability is due to the award having only recently been made/paid and jn the interests of Justice, splitting that monies will cause further detriment and hardship to you as its intended purpose is to assist you with your activities of daily living and for purchases of equipment to enable you to complete these tasks independently.
Unfortunately it is classed as capital, even though it is disregarded as income, because it is a lump sum amount in your account (I complete assessments for Legal Aid and similar which is how I know the way it does get counted).
I really hope you manage to reverse the decision in relation to this award.
Well done for making the break - that whole process can't have been easy.
Splitting your PIP does seem morally wrong but then I do think that quite a number of laws built around marriage are questionable. It never seems to be an issue if it's a good match, so people don't look into the ins and outs.
At the end of the day it's a crude contract, drafted up years ago, where you have no say in the terms and conditions. The only winners are the solicitors.
There should be absolute transparency around what a couple is signing up for before the actual big day - some sort of training course - mandatory, which you have to pass! Eyes wide open, so to speak.
Crikey thats awfull, you need to talk to a professional person to see if you can get the courts decision reassesed, there will be a solicitor somewhere that can advise you or call the law society they should be able to point you in the right direction, good luck.
Good morning,I find myself in the same position. I have appealed a pip decision which wasn't overturned. I then applied for the tribunal. As part of that process the dwp are asked to look again. At this juncture they decided to award me back dated standard daily living and standard mobility. My claim wasn't processed from Dec 2020! As you can imagine my back pay is potentially thousands.
Despite the dwp writing to me to confirm the above, they have since backtracked and said that I am entitled to it but only to April this year. I have decided to take it to tribunal!
My finances with my ex are in the final stages. The final hearing next month at court. I'm dreading any payment coming to me and him claiming 50%! It also
Reduces the desparity between my income and his. It feels incredibly unfair and unjust that he chose to start a life from fresh of holidays etc but my life is still inflicted with pain and severe financial struggles 😔
I'm hugely grateful for my benefits but it does feel cruel that an ex gets 50% of a benefit designed to make life with disabilities easier.
If I had of been in receipt for the last 2.5 years then there wouldn't be a lump sum because I would of spent it!
I'm so glad you are rid of your ex. I hope you continue to thrive in his absence! 💪
Hi, can I suggest you take your PIP payments out as soon as they reach your account. They are after all for you and your quality of life. My husband can't get any further payments in the future but these payments were new in, and backdated, and he had half! I am glad I am rid too. Final court is awful, if you need to chat perhaps there is some way we can speak out of the forum, no idea how that works though...I'm nearly thought mine and could be support for you. Good luck my lovely. xx
Congratulations on ridding yourself of this 'unpleasant man'. No, it's neither right or fair that this has happened. However, I'd be celebrating the freedom and remembering that the best revenge is to be happy. It's worth every penny to be out of an awful situation. Hating is such a waste of time and effort which does nothing to them and only hurts yourself. Believe me, been there, done that twice
This is my second too and as much as I like cake, I won't ever marry again. I don't feel bitter or angry, just relieved. I feel the law needs changing though. I hope life is now good for you. Take care.
It seems unfair, biased and unethical, but it also goes both ways.
I have been separated from my husband for 26 years now. A few years ago I looked at finally getting a divorce. At first he was happy to go through with it. But then he started dragging his feet and making things difficult. It transpired that he thought he could keep all the money he inherited from his mother when she died. He hadn't realised he would have to split it with me. He had thought that everything that happened after he moved out meant he could keep all that money for himself.
He decided that it was cheaper for him to keep paying for my disabled son and I to carry on living in the house than to share his mother's money with us which suites me fine because it has meant I am not homeless and penniless.
May I suggest you ask NRAS for advice? Call their helpline 0800 298 7650 and ask if anyone knows what the usual procedure is in such a situation. It seems totally outrageous to me! Someone also suggested you contact Citizens Advice - good idea.
I'm really sorry you're going through this. What I've heard some people do is they have their PIP, benefits money etc put into a sole bank account that their divorcing spouse doesn't know about (they don't tell anyone about this private bank account not even their own solicitor or family), that way their horrible ex doesn't get their hands on money that doesn't belong to them as the PIP money should solely be for you certainly not a healthy ex. PIP is not paid to a couple anyway only to the affected individual. Also I seen a really good podcast recently where a divorce attorney called James Sexton on Soft White Underbelly YouTube channel gives a really good insight into marriage and divorce and I really agreed with alot of what he said as he has very good insight into this topic as he's seen lots of crazy stuff over the years from divorcing couples. I've never been married, am childless and will die a spinster as I can't stand the thought that any SOB could take my money like so many ex's have done to vulnerable people and leaving the mess that ensues. It happens to men as well as women as there are certainly good and bad in both genders. Unfortunately in 21st century society marriage is pointless now as James Sexton said 56% divorce rates in the West and another 20% are unhappily married and stay together because of children etc. He says you wouldn't jump out of an airplane if there was a 76% chance your parachute was going to fail yet we still stigmatise people who don't want to get married. Marriage in the olden days was simply a business contract and not about love. Love is between pair bonds which is rare. Modern society has romanticised marriage through the brainwashing media and it's led to alot of heartache and ill health. At least you can get this behind you and move on when it's all settled.
Thank you for your comments, really interesting and I will look into this further. My marriage was abusive, both physical and coercive. My local domestic abuse charity were amazing and I now volunteer for them, helping others. I know of people in their 70s who are still abused. Not disclosing bank accounts would be classed as fraudulent. The money was in a sole account and we have been apart for 21 months and he has never been my carer so I feel it is wrong he can share it. However, onward and upwards!
Doesn't matter where your income came from, the law states you get half each so that is why.Surely, you benefitted from money in his bank account as well.
I would contact the DWP. He isn't the one who has gone through the assessment and deemed to be eligible for PIP. The DWP will have come across this before. You may find that they want his share that he has taken of your PIP back. I can't believe that they would allow someone without a disability to be able to keep hold of PIP.
DWP will not ask for the share he has, they can’t say where it goes after you receive it. Her ex has not taken it, it is the division of capital by the court after the divorce. Both parties capital, wherever it came from.
But that would mean that he is benefitting from money that was awarded to another person with a disability when they are no longer together.
I can understand any other income being split but this almost seems like fraud. What right does he have to money paid out by the DWP to someone with a disability? Has he gone through the process of being assessed and filling out all of the forms and providing medical evidence? I doubt it.
I am in receipt of PIP and when I was with my partner it was understood that the money was to benefit me and any adaptations that needed to be made in improve my quality of life. If some one is no longer living with their ex-partner I cannot understand how the law would allow them to keep any share of PIP as it is not awarded to them. They could find themselves in a position whereby the DWP demands the money back that they have taken .
No, I am not saying that at all. I am saying that in my opinion, PIP should not be seen as income. It is money provided by the tax payer that has been awarded to a person who has been identified as being in need of it due to their health condition.
PIP is awarded to a person not a household as I am sure you are aware. In my opinion, if he were to be allowed to be in receipt of what is taxpayers money that has awarded to a disabled person, he would not only be taking money away from the PIP recipient, he would also be taking resources from the taxpayer.
I have made no comment at all about what she is entitled to regarding his income.
If I were to turn the tables and put myself in his shoes, for example if I were in a marriage with someone in reciept of PIP and I was able bodied, and we were going through a divorce. I think I would feel extremely uncomfortable taking money that had been awarded to my spouse, especially as that money comes from the public and is supposed to improve the quality of life for the named recipient.
If PIP is just seen as income then that is a great shame and I think more should be done to ring fence it.
But it is capital, it doesn’t matter where it came from. It’s in the bank account. He could have capital too which totalled together is split. I’m not disagreeing with people saying it’s unfair, it’s just how it is. They have solicitors, I doubt the court is not processing it correctly 🤷🏻♀️ plus we only have one sides story so who knows.
If you really want to fight for this money I would dispute whether he has a right on the grounds it is in your sole account for your benefit I am quite surprised the solicitor or a court of law allowed this . You need a benefits legal adviser . Or was this a mutually agreed 50/50 split out of court settlement with no children involved or house. No one can say if its right without all your personal financial details and reason for divorce. Amicable divorces often just settle to share finances 50/50 once all debts are clear. Hope this helps.
Maybe you should take it up with your lawyer. Obviously, half of any money in both accounts had to be split. Doesn't matter where it came from. It was obviously a court ruling so making us aware of your situation is exactly what you have done but is pointless info for anyone else going through divorce.I get it, you just needed to vent.
oh my gosh. I do feel for you! I am not married but live in house which I mostly bought and now I have to pay 40% of the house to him to buy him out or sell house! It is awful. Thank God I am not married. But I have been living with him for over 30 years and have two adult daughters for him, but still he wants to take the whole 40% which he did not put in. I am upset. I am taking it to sols to negotiate, and I am proving with documentation of what I have put in. I am hoping there may be some sort of better negotiation? but don't know though?? Any tips from anyone will help please.
I am sorry to say it is an expensive dance. I was advised to stay squeaky clean while he stripped the account. There was no justice. Get a solicitor with teeth. You can try mediation, it might work for you? Try and keep solicitor exchanges to a minimum and try not to take it too personally. Keep focused, I wish you luck x
perhaps Martin Lewis or that programme with Gloria Hunniford… I’m wishing you good luck and feel certain you’ll be reimbursed as long as HE still has the money.
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