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Q860:  I am in the process of divorcing my wife of 15 years.  Her lawyer just sent me a letter and they plan of going after my VA disability pay.  Is there any way I can legally stop them from going after my VA disability pay?  I am 60% service-connected.  I am gainfully employed as is my soon to be ex-wife.  She makes really good money I see no reason why she needs any of my money.  We have no kids, no pets, nothing.  Why am I obligated to support her lifestyle?  Why can’t she support mine?  Mad as h*** in Florida.  

A1:  You might want to do your homework before you go into the divorce hearing. VA Disability Benefits Are NOT Considered an Asset in a Divorce. The Uniformed Services Former Spouses' Protection Act exempts VA disability benefits from being divided during a divorce. In other words, VA disability compensation is not an asset that a judge can divide as marital or community property. A judge can not divide VA benefits as marital or community property, but they will try to garnish them for spousal support. Show you make less money and Google a recent civil suit where the court tried to take VA benefits. There is quite a bit of legal entanglement regarding protecting VA benefits, so read all you can about it, the Supreme Court, and laws as they pertain to VA benefits and your state. Good luck!  (WG)  5/2/22

          

A2:  It's my understanding that she can go after your VA disability pay, but she won't get it. They go after everything, I got divorced in Florida too. Make sure you go after half her 401k, any savings, assets, she has, that will usually calm things down a bit. Remember, in Florida, you are each entitled to 50% of each others assets and liabilities. So if she wants 50% of your disability, you can request 40% of her 401k/retirement.  (SV)  5/2/22

        

    

  

  

  

  

 

   

  

  

   

A3:  If you were in California you would have to give up half of all your assets.  I don't know what you are up against in Florida but don't let her take your money.  Hire a good attory asap.  I had to go through 4 attorneys before I found one who had the guts to fight for me.  (EJ)  5/2/22

            

A4:  I got divorced a few years ago and as far as I remember they can't take money from your service disability.  She can use your social security benefits if she is disabled but only if hers are less.  (PG)  5/2/22

     

A5:   You have an interesting qestion. 15 years is 15 years I think the military only needs her to be married to you for 10. I am unclear if that had to be during active duty to count. Yet she earned that disability and part of your retirement too. I think the courts will have to decide for you. Good luck, FYI I'm 80% disabled 30 years married to one wife.  (JT)  5/2/22

       

A6:  Check Florida divorce laws with your lawyer.  If she makes more money then you then maybe get her to pay you or get her to pay for your lawyer or you pay for your lawyer.  Be sure you list everything you want to keep.  They can't take your va disability pay.  Don't be a chump also watch your bank account if joint.  Check into insurance also.  If they plan to make you pay her something and if your lawyer doesn't want to fight it get one who will.  (PG)  5/2/22

       

A7:  You're in luck my friend. According to Federal Law (check out) "VA Disability Payments Cannot Be Divided as Property in a Divorce Federal law does not authorize states to treat VA disability payments as marital property and divide them in a dissolution of marriage action. Mansell v. Mansell, 490 U.S. 581 (1989). (Contrast to military retirement, where the federal government has explicitly authorized states to divide such payments)." So, check out the site and give this information to your attorney. Good Luck.  (TB)  5/2/22

         

A8:   Don't worry about it. Nobody but (you) the veteran receives Disability Compensation from the VA. Lawyers can talk all they want, but by order of Congress, nobody but you gets it.  (LM)  5/2/22

       

A9:  No, your VA compensation cannot be divided in a divorce by the Judge. First off, VA disability payments cannot be divided in a divorce. Mansell v. Mansell, 490 U.S. 581 (1989), a landmark federal case, explicitly authorizes states to not treat VA disability payments as marital property, which means states do not have the power to take a portion of your monthly VA benefits payments and give to your spouse in equitable distribution but they can use it to calculate your earning capacity when calculating spousal and child support. Now, if you are drawing the VA pension, the pension can be divided.  (DS)  5/3/22

        

A10:  Unless things have recently changed, your VA Disability can not be attached or made part of your divorce. If your lawyer does not know this I would get a new lawyer!  (AS)  5/3/22