The principal benefits relevant on separation: a guide

Natalya Evans, Pump Court Chambers

The financial consequences of separation extend beyond division of assets and maintenance. Eligibility for welfare benefits can be directly affected by changes in household composition, income and capital, with significant implications for clients’ overall resources. In legally aided cases, these fluctuations may also determine continued access to public funding.

The chart provides a structured reference to the principal benefits relevant on separation. It identifies how Universal Credit treats spousal and child maintenance, when capital from the family home is assessed, and the thresholds for savings and earnings that restrict entitlement. It also notes where benefits operate individually (such as contributory JSA and ESA) as opposed to on a household basis, and highlights common triggers for loss of support.

The aim is to give practitioners a clear tool to anticipate financial shifts and to incorporate benefits advice into case strategy.

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