I have been separated since Nov 2009. I filed for divorced about three weeks ago.Two weeks ago I received a lump sum from a disability claim from 2009. I have also managed to save up some money in a individual savings account. Would my ex spouse be entitled to any amount of the lump sum or the money I have saved since the separation? Our ED case is still pending.
If a portion of the award was intended to cover lost wages during the marriage, yes, your spouse could be entitled to a portion of the award. To the extent the funds are intended to cover pain and suffering your STBX will not be so entitled.
It is VA disability. While the claim was pending and before the claim I was not working due to my disability. Is he still entitled to my compensation awarded by the VA?
If I am granted SSDI, would he be entitled to it?
I filed for both less than 6 months before we separated. What about savings accounts after separation?
Savings accounts funded after the date of separation are you separate property.
The disability benefits are martial in nature to the extent they replace income lost to you as a result of your incapacity during the marriage and before the separation.
How would it be calculated by the court? Would it be divided by date of entitlement of award to date of separation, then divided by 2.
Ex
Award 5,000
Entitlement is from May 2009-Jan 11
Date of Separation is Nov 2009
Then divided by 2(martial).
Yes, that is how the marital portion should be calculated.