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

[Buck52]

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?

[broncovet]

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 June 15, 2019 by broncovet

[GBArmy]

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.

[Buck52]

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

[GeekySquid]

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.

 

[GBArmy]

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.

[GeekySquid]

1 minute ago, GBArmy said:

"Usually" the spouse is done,

it gets really murky and there can be a lot of moving parts in any divorce case.

I would hate to have a vet rely on a generic reasoning and then get blindsided because the specifics in their case demand it.

On a tangent, during my years in the Navy I noticed something that was really telling. A bunch of senior people I was friendly with (along with their families) retired and within a year they were in divorce court.

The spouses were all getting 50% of the retirement pay if they were married for 10 or more years plus child support for kids under 18.

Not to speak ill of all dependent spouses, but in many of those cases the "spouse" did squat to get an education or even work during their marriage and were demanding that they be supported for life. Specific ones did not want to get a job and have to earn a living beyond a part time job.

I know 3 in particular that immediately moved in with their new boyfriends and refused to marry them because they wanted to keep getting that free money. Kinda chapped my hide.

I do believe a veteran must support their minor children, no doubt no excuse.

An ex-spouse on the other hand I am not sure that in ALL cases they should get a lifelong handout from the veteran. In some cases I see it, but not in ALL cases.

In today's world most families need two incomes to get ahead and when I see married couples that elect to struggle along on one income it makes me shake my head in sadness.