100 Veterans Disability

I am rating by the Veterans Administration 100% disabled permanent. We were not married while I was in the service, and I was out of the service for a year when we decided to get married. The VA compensation is compensation for military service. I have seen some state court award VA compensation even though federal law 5301 state otherwise. Can my wife claim part of my disability? She is working full time, and receives no disability. I on the other hand am not working. She does not make more than me. Also, she filed for divorce not me. She claims I give to much money to the church.

Your disability is akin to income which will be relevant if your wife has an alimony claim, it is not part of property distribution.

What if I was in the Military, and then was discharge. A year later I get Married. The Disability compensation is compensation for military service. We weren’t married while I was in the service. How can she claim part of something before marriage.

Mark Smith

The payments are income, which is is considered in an award of alimony. She cannot claim property rights to anything you had before the marriage, but your monthly income is not the same as property.