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Q564: I am on the verge of getting a divorce from my wife who I have been married to for 41 years. I am 100% service-connected. When I divorce her will she get half of my VA disability pay?
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A1: NO! (unless you want to give her that.) You will loose the stipend from the VA for your spouse but, unless you've got children that your spouse will get custody of in the divorce, your VA disability payment can not be touch by your ex. (TB) 11/11/20
A2: Technically, your VA comp is protected. . . however if the judge were to order alimony, they generally consider your comp in your total gross income figure. If you fail to pay you could be hit with a contempt charge. (RH) 11/11/20
A3: This is a tougher one. The VA says that the disability compensation is for the Veteran's injury caused by Military Service and it is tax free. That is the argument that I would use cause when the Veteran passes away the disability stop. Also make sure you notify the VA of a change in your dependent or else you will build up an indebtedness to the VA. (GR) 11/11/20
A4: It all depends on the words/language used in divorce decree; yes she maybe entitled to half of your total retirement pay. (RC) 11/11/20
A5: No, she can only get part of military retirement pay. (TP) 11/11/20
A6: First of all you need an attorney. Second you need to contact an Accredited Veterans Service Officer with a Veterans Service Organization who can assist you with answers regarding VA compensation. Divorces like VA Compensation are all different and that is why you need advice from individuals who know the law and who know VA rules and regulations. (GH) 11/11/20
A7: Your are the Vet. Your wife should not get any of your VA money. (GD) 11/12/20
A8: It will depend upon your state. Some states will use your VA check to determine your total assets. Then they will use this amount to determine alimony.
If you fail to make alimony and child support payments, the state can order the VA benefits to be garnished.
VA will decide the amount of disability compensation that can be reasonably garnished. (RJ) 11/13/20
A9: This is actually a civil matter. I think that the Court for Veterans Appeals ruled recently that the veteran's compensation could be divided if ordered by a court. Get a good lawyer is all I can recommend. (DS) 3/22/24