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one of my friend is married with EEA national and currently living with her as a spouse.He was granted leave on the basis of his marriage with EEA.
now they have some issues and she wants divorce.They are married for 30 months now.
she wants divorce but she said she will divorce him after 36 months so he can apply Retention of the right of residence.
they have no Kids.
she is going to start claiming benefits.but the husband work full time and pays NI and TAX.if she start taking benefits will it make any affect to his application for Retention of the right of residence????

The most important factor to be considered here is that the EEA national must continue to exercise treaty rights in UK via any of the following:
1. Self employed 2. Employment 3. Self sufficient 4. Jobseeker or 5. Student (which requires a CSI).
For non-EEA national to claim ROR, both must be married for at least 3years, been together in UK for at least a year and EEA national must exercise treaty rights prior to divorce
Claiming benefit I would think has nothing to do with this depending on which benefit she is claiming. If she is out of work, she must be actively looking for work with evidences to prove this or else she is not exercising any rights. I hope that answers your question.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Read article 6 Retaining a Right of Residence

There are 3 tests to qualify retain right of residence.

First test.
Prior initiation of divorce,marriage lasted at least three years.

Second test.
Non EEA national resided in the UK with qualified EEA national at least one of those three years.

Third test.
EEA national is a qualified person at the time of divorce and non EEA national is a qualified person after divorce.