# Separated wife rent allowance



## atkin (22 May 2008)

My wife and I are negotiating a Judicial Separation . There are 4 children born to her only. I am prepared to leave the house to her but on a lease agreement.I would have to charge a nominal rent as I need a place to rent in this case.
I wonder would she qualify for a rent allowance as she is not working.The Judicial Separation would be made in the court.The only alternative for her then is to leave and rent a place herself .

  Regards,
  Atkin.


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## ClubMan (22 May 2008)

atkin said:


> There are 4 children born to her only.


Well anything else would be a bit strange surely?!


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## atkin (22 May 2008)

Thanks for the prompt reply!!!
How long would she need to rent another house before she could claim rent allowance? I believe it is 6 months but are there exceptions.? I think a Judge would not allow a Judicial Separation unless she had a place to live and circumstances were adequate.


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## ClubMan (23 May 2008)

I don't think that the couple necessarily have to live in separate premises to obtain a separation if that's part of the issue here?


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## Bronte (23 May 2008)

I assume the children are yours.  Will she be getting maintenance from you, if yes I would imagine that would count as means and she would not be entitled to rent allowance.  Can't see welfare giving her rent allowance so she can pay you.  You have to give more details to get better advice.


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## atkin (23 May 2008)

The children are not mine. A Judicial Separation by the court would require that the couples live apart in theory. I would live at another location and not pay maintenance . I would require a rent from her for the upkeep of the house . I guess there is some rule on rent allowance in such circumstances.


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## Thirsty (23 May 2008)

As you were married the property is considered to be the Family Home under the meaning of the Act. You cannot therefore look for rent to be paid for the Family Home.

As she is not in employment she can seek Spousal Maintenance; she may also be able to claim One Parent Family Allowance, but this can take some time to process.

Separate addresses are not required to establish that you have been separated for the purposes of a JS - living separate lives at the same address will qualify.

I would strongly recommend that you both attend mediation, you will get a lot of useful advice and information - the service is free, but you must both agree to go.

some other useful websites
www.rollercoaster.ie
www.solo.ie 
www.revenue.ie (your tax position will change)
www.welfare.ie


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## atkin (23 May 2008)

Thanks for the advice it has been very helpful.
I do need to have a JS regardless to protect the house for my 3 children from my first marriage.I currently live with 4 step children and my second wife.
Regards,
 Atkin.


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## liketoknow (23 May 2008)

if the house is trhe family home ,regardless of whether the children are yours or not , the house will be kept as a family home and your wife entitled to stay there with her children until all of the children reach 18.
unless she is willing to leave


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## Thirsty (26 May 2008)

That is not the case, liketoknow, it would be inequitable.

Edit: posted this last night and somehow it didn't all post...anyway to elaborate a bit;  the parentage of the children does matter in the case of the Family Home.  Otherwise you could have a child born subsequent to the separation and the clock could start again with the non-resident parent having to wait a further 18(23) years for the settlement to complete.


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## ajapale (13 Jul 2009)

mod bump


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