Is Wife Entitled To Va Compensation?

[Fat]

As part of divorce proceedings, is the wife entitled to part of my VA compensation?

Or is VA Compensation a protected earning?

[broncovet]

In short, that is going to be decided by the judge.

38 CFR 3.452 describes apportionment, here: https://www.law.cornell.edu/cfr/text/38/3.452

If the VA gets a valid apportionment, as described in 3.452, they will take a portion of your compensation.

Your VA benefits are protected from creditors, but the law takes very seriously our responsibilty to provide for our spouse and children.

My "best guess" is that if you have small children, the judge could/would protect their interests and permit an apportionment.

However, if you have an able bodied spouse, and no children, I think there would have to be a compelling reason for the judge to hand your VA benefits to an ex spouse.

Edited July 5, 2015 by broncovet

[Philip Rogers]

I believe broncovet is "mostly" correct. VA payments are protected but can be considered for child support. The Judge can include them in considering your gross annual income and can order you to pay based on that income.

Failure to pay would most likely result in you being held in contempt of a Judge's order. jmo

BTW, broncovet and I tend to agree to disagree, on occasion, but he gives great advice!!!

pr

[Pete53]

in some States Disability is protected. You really need to talk to a lawyer or someone who knows your states laws.

[Navy04]

Pete is right on the money but I know a Vietnam Vet that was married to his wife for 25 years, and judge gives his wife half his VA Disability and DOD retirement, as the VET was stated that since he was married for atleast 10 years, then she was entitled to half of all Disability and Retirement. Good luck

[broncovet]

I agree with PR on most things and consider him one of the top most knowledge posters of all time, right up there in the same class as Berta and Asknod. Of course, nobody agrees on everything. I think VA applies 3.452 whenever the judge so decrees. I do agree there are protections for Veterans, and I also agree that probably wont "trump" the interests of the minor child. As to whether or not it would apply to alimony (as opposed to child support) I think that may depend on the state.

Several years ago there was a Veteran who was fighting this...I never found out the outcome. I think this Vet wrote to Jim Strickland who kinda told the Vet to "pay his child support". He was apparently fighting child support collections and I suspect that is a losing battle, as the law takes a minor childs interests very seriously, as they should.

His objection was that he did not think his spouse would care for the child, and would drink up the money. Its certainly possible, but a judge decree is a judge decree, and, unless overturned by appeal, it will stand.

Edited July 6, 2015 by broncovet