Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Buck52

Is Veterans Spouse to recieve her part of the dependent share?

Question

I had a Veteran ask me this question

If veteran and his spouse divorce  is his spouse still eligible for her dependent part of his compensation?

I answered as long as she don't remarry...but I am not totally sure on this?  Divorce and Death are way two very separate things.  I get them mixed up  but dependents and divorce  I think she would still be entitled to a part of his Comp?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
Posted (edited)

No.  When you get a divorce, you are no longer married, and you dont get the dependent compensation.  She is no longer your spouse for VA purposes.  

Ditto for kids.  Once a kid reaches 18 they are no longer your dependent, unless that kid is disabled or is in college.  

Vets get in trouble there.  They dont report a divorce, and keep on collecting "married" dependent compensation.  When the Va finds out, and they likely will, especially when they file different taxes, different address, etc., then you owe the VA that money back from the date of the divorce.  

  A couple years ago, the VA did a proposed reduction on me.  They said I wasnt married.  I showed them that I was still married, and the reduction went away.  

    They did take me at my word I am still married..after all, they did have my marriage license..and nobody gives a marriage license once a year.  

    Thats how I know.  

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

Bronco is correct on all points. Once you are divorced she gets nothing. In fact, the increase when you marry is for you not her. It is supposed to compensate you for another dependent you need to support.  Same with the kids; unless they are disabled or going to school/college, the additional money for that stops as well. Same story;  the money is yours to help support the kids. And its is considered "fraudulent" if you continue to collect for dependents once they are no longer are. Once they find out, they take it out of your disability check. And they can be pretty nasty about how fast they want to take it back. In fact, there is pending bill in Congress to regulate that and other overpayment mistakes the VA makes that the veteran has to pay back.

Share this post


Link to post
Share on other sites
  • 0

Thanks Guys,  I will relay this info to the Vet.

Share this post


Link to post
Share on other sites
  • 0
On 6/15/2019 at 1:33 PM, GBArmy said:

Once you are divorced she gets nothing

There are a bunch of flies in this ointment....the divorce laws in each state, federal law and Rose v. Rose (scotus decision that is controlling about this issue)

see

https://statesidelegal.org/va-disability-compensation-and-divorce-facts-and-fallacies

Please don't jump  to the conclusion that IN ALL CASES the spouse of a disabled veteran is denied support.

 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Geeky I stand corrected. "Usually" the spouse is done, but you are right, divorce courts can make the veteran pay up out of disability comp.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 16 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
    • I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

       

      VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

      C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
        • Like
      • 56 replies
    • 14 Questions about VA Disability Compensation Benefits Claims
      When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
      • 0 replies
    • Disabled Veterans Property Tax Exemptions by State
      Alabama 
      A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines