ABSTRACT

The availability of welfare benefits in family support has a significant impact on financial provision which can be ordered for separated and/or divorced applicants to the court. Benefits may be needed either short term on marriage breakdown or permanently following divorce: in some cases, where the parties are of acutely limited means, welfare benefits will be needed in both situations. It is crucial to recognise the implications for welfare benefit entitlement of any ancillary relief orders obtained, and vice versa, since it is of course essential that if maintenance is to be received that disentitles the applicant to benefits, the order should deliver a significantly better financial result than if reliance is placed solely on welfare benefits. The court is aware that if this matter is not addressed the applicant risks falling into the ‘poverty trap’.