I Don't Think This Is The Right Forum

[jecsb4]

I don't think this is the right forum but a Vet friend of mine seems to be going through a seperation and divorce. he is SC 50% and his spouse says she will take his disability.

I would think that it may be different in various states. he lives in FL.

Anyone know.

[rattattat]

When my husband was 50% SC his ex-wife tried to get part of his disability. She never was awarded any of it. As far as I know VA disability can't be attached or given as a part of a divorce. I really don't know the rule,but here is a ruling.

The supreme court then addressed the problem of whether the trial court had had subject-matter jurisdiction in the matter of the VA disability income. The court found that military retirement benefits cannot constitute divisible marital property except to the extent permitted by the Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. 1401 et seq. Disability benefits are specifically not divisible marital property under the USFSPA. Therefore, federal law precluded the lower court from exercising subject-matter jurisdiction over the VA disability benefits. The portion of the decree purporting to divide the husband's VA disability income was void for want of jurisdiction.

[Ricky]

It is not divisible - HOWEVER, it is included in the income work-up to reach the final award of child support or alimony. So even if it is not divisible a veteran can lose part of his/her disability during a divorce. Once the court awards child support or alimony the court could care less if you have to use part of your disability to pay it.

[free_spirit_etc]

This is a pretty complicated issue. My husband was retired military and his ex got 18 percent of his retirement for the 10 years they were married (well - actually the 8 years they were "married" and the two years she dragged the divorce out while she lived with her boyfriend so the marriage could "last ten years) under the Former Spouse's protection Act.

When he got 20% SC from the VA - they adjusted his retirement pay - because he had to waive an amount equal to his VA disability. Her FSPA payment was reduced -and she did not get a percentage of his disability.

However there is fighting on this issue on both sides.

Some folks are fighting to get laws that require a spouse to "make up" whatever their ex lost due to the decreased payment based on the disability. So - the spouse won't "get" their disability - but they have to pay her the same amount as if they weren't disabled.

On the other side - some are trying to get laws passed that STOP states from changing court orders around to bypass the Supreme Court ruling that the spouse is not entitled to a portion of disability pay.

The Supreme Court ruled that disability can't be divisible as community property --but then many state courts are just awarding an equal amount and calling it something else.

So more than just know what the law is -- your friend will probably need to find out what the judges in his area are doing with the issue.

Free

[Ricky]

Free is right - it really depends which state court you are playing. Your attorney should be fully aware of such rules. If not I would look else where for legal support. Good Luck

[Pete53]

And a local Judge can just about do anything that they want. However, overriding all in my opinion is what is fair. Someone who has been married for at least a few years may owe but it would depend on circumstances. I am pretty sure that most would agree that most who live on disability income do not have a lot of extra.

In Texas most who live on disability would not have to pay and there is no alimony except for support through the divorce and up to 5 years in limited circumstances. You always have to consider how bad someone wants out and is willing to give up.

If I make it to August the 26th Mrs Pete and I will have been married 40 years but who is counting?