How are military disability benefits divvied up in divorce?

Disability benefits may be divvied up in divorce. The treatment of military disability pay in divorce is a complicated issue, which is governed by federal and state laws. The information contained in this article covers only the basics, it does not constitute legal advice and cannot replace personalized advice from a divorce attorney.

Can a veteran get a VA disability in a divorce?

VA Disability in a Divorce By Carl O. Graham When a veteran has a service-connected disability, she may be entitled to receive VA disability payments from the Department of Veterans Affairs. If the disability rating assigned by the VA is under 50%, then a retired member must waive retirement, dollar for dollar, to receive VA disability.

Can a VA pension be divided in a divorce?

Many military personnel, spouses, former spouses and retirees are victimized by myths and misstatements about disability payments from the Department of Veterans Affairs and their effect on money issues in a divorce. Some people claim that VA benefits can be divided in a divorce, just like a military pension.

How are VA disability benefits different from military retirement benefits?

It is important to note that this is different than the treatment of military retirement benefits, which can be a marital asset subject to division by a family court. However, VA disability benefits can count when a court calculates a veteran’s income for child support purposes.

How does VA disability affect military retirement pay?

VA disability rating of 40% or lower. Military retirees who choose to receive VA disability compensation will have their military retirement pay offset by the amount of compensation they receive from the VA.

Why was military retirement pay not divided in divorce?

The U.S. Supreme Court deemed military retirement pay couldn’t be divided as community property by state divorce courts in 1981 because current federal laws at that time constrained the handling of military retired pay as joint property.

Do you get disability pay when you retire from the military?

Military Disability Retired Pay. Military disability retired pay is available for service members who are sufficiently disabled that they can’t perform their duties. Members that have enough creditable service (meaning years served) may be placed on the “disability retired list” and draw disability retired pay.

Can a military spouse get their retired pay waived?

If a service member waives any portion of military retired pay in exchange for VA disability, the amount waived is subtracted from the amount available to the former spouse. Military spouses do have some protections and/or remedies for these types of reductions to retired pay.

Can a military spouse get DFAs after divorce?

As indicated, military retirement may be divided by a court regardless of the duration of marriage. But as long as the couple was married for at least 10 years during the member’s career, DFAS will pay the former spouse’s share directly to the former spouse.

Can a military spouse’s disability be divided in a divorce?

Can VA disability pay be divided in a divorce? No. The law is clear on that, and Congress has spoken. The Uniformed Services Former Spouses’ Protection Act states that VA disability compensation payments are not subject to property division upon divorce. The same is true to a large extent with military disability retirement payments.

What happens to your military pension after divorce?

And also note that with fewer than 10 years of marriage overlapping service the retiree will have to pay the retirement to the former spouse each month, as direct payment from DFAS is not available. For more information about the division of a military pension, see the Military Retirement section of the Military Divorce Guide.

Are there benefits for a former military spouse?

Former Spouse Benefits for Marriage of Any Duration. The following benefits are available to a former military spouse regardless of the duration of the marriage. Military Retirement. Courts can award a former spouse a share of the military retirement even after just a brief marriage. But the shorter a marriage, the less valuable such an award is.

Can a spouse convert retirement to disability in a divorce?

In other words, once the spouses were divorced, if the member then converts a portion of retirement to disability, he/she would owe the former spouse indemnity for any VA waiver. Colorado was part of this majority of states requiring indemnity for a post-decree conversion of retirement to disability, but not a pre-decree conversion.