Alimony and VA disability


#1

I am retired military rated at 100% disabled. Currently, if I divorce, I am told that my wife is entitled to 50% of my military retirment. Being 100% disabled, I receive 100% of my military pay concurrently form the VA.

Is this VA disability considered in the same manner as a 401K or IRA when the divorce becomes final? Is she abile to lay a claim in any manner against it?

I was told that it is not marital assets and it is not used in determining Post Separation support or alimony.

can you advise me.

Curby


#2

The disability you are receiving is income can be considered for purposes of alimony and post separation support as it is income to you, and if your spouse can prove she is actually and substantially dependant on your support.


#3

How do I protect this ?


#4

If your wife files a claim for alimony you can attempt to refute the claim by showing that she is not dependant on your income, and that you do not have the ability to pay alimony.


#5

You might want to check out Mansel vs Mansel. The federal courts settled a case similar to what you asked. It might be worth checking out.

Mark Smith