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Is it legal to end a marriage to gain benefits?

Perhaps I should not have married my husband. Seems nowadays marriage is so cliche, traditional, romantic, but when it comes to step families it's more difficult. You run into more financial messes, especially when one spouse has to support his ex and his kids, and you're not receiving any support from your ex because you have 50/50 custody of yours, siblings are divided, one lives with you and the other lives with your ex.

Because we are married we have a 3 person household and when calculating income, everyone who earns get counted. This is a problem because where my husband is not the father and he has support payment, it does not work for us because though we don't have the money we are seen as having money. Supposedly the stepfather should make 500 dollars extra a month to offset his total income.

I wanted to go back to when we were just boyfriend/girlfriend, so that I will not have to count his income to qualify for the benefits that a single mother receives, if she does not make enough. I don't see going back to this legally. We can't afford to divorce now because our mortgage is underwater, thus you cannot sell or refinance. Even this new FHA loan cannot help us because NH Housing, Dovenmuelhe refuses to help us.

I'm advising others who might be getting married to think things through so you don't end up where we are, until one of you can make enough to support everybody without the stress of going broke where you only have a few hundreds dollars left in the bank and you're paying more of your expenses now with credit cards.

I don't want a divorce because we love each other, but I don't want to end up on the streets because we can't afford to pay our mortgage either.

Update:

Why wouldn't I be a single mother? I don't have kids with him. If you were sharing a rental with a roommate would they need to count that roommate's income as well? There is no common law in NH.

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  • BruceN
    Lv 7
    10 years ago
    Favorite Answer

    Yes. You can marry and divorce as many times as you like for whatever reasons you like. I have seen it done for tax purposes. I have seen it done for immigration purposes. I have seen it done so people with pre-existing conditions can be covered by health insurance.

    But be advised that if you get assistance from your boyfriend, or common law husband, it is the same as being married for welfare purposes.

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  • 10 years ago

    And exactly how would getting a divorce benefit you? Your husband will STILL have to pay for ex and children, you will still have to come up with the costs for the divorce, you most likely would still not obtain assistance for the mortgage as your income alone will not support the payments. What you need to do is start living within your means, stop incurring more credit debt you cannot afford to repay, find other means of supplying for the needs of your family and determine ways to cut your expenses. Also you need to consider, just because you are divorced, if you are living together you still would not be allowed many benefits because both your incomes would be included, if you own the home together it would still fall on BOTH your incomes when attempting to refi the home. You are the one who really needs to make the commitment and think things through.

    Source(s): There are cases where the use of divorce to gain benefits, such as retirement funds is illegal.
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  • Jay
    Lv 7
    10 years ago

    I realize that you're making a point, rather than asking a question. But I'll answer it anyway: you are allowed to divorce, legally. If that works better for you, from a financial perspective, go ahead.

    Given that you're going to stay together, why worry about the mortgage? Unless you fear that be not-married puts you at risk for breaking up, there's no need to refi.

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  • Anonymous
    10 years ago

    It's illegal to LIE TO WELFARE(called FRAUD) and not admit that you are living together when you aren't married if you think you'd still get benefits. See that's the funny thing about welfare, they go by HOUSEHOLD income as well, that means you have to admit to everyone living there. You wouldn't exactly be a single mother if you were still living with him, and face it most couples end up living together. When you factor in rent(or whatever payments you made if you didn't rent) would you really be further ahead if you were living on your own still?

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  • 10 years ago

    sounds like you are relying on the goverment for to much help you and your husband need to make more money any way you can and quit asking the goverment for help

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