Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

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

Rate this question


Buck52

Question

  • HadIt.com Elder

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?

Link to comment
Share on other sites

Recommended Posts

  • 0

I never knew this/ What if the veteran re-marries? Is the new spouse out? I know in my case my ex-wife gets part of my military retirement check, but in my case she is not eligible for part of my disability pay since I did not file for any until years after my divorce.

Link to comment
Share on other sites

  • 0
  • Moderator

Absent a court order, the VA wont apportion the Veterans compensation to a spouse.  There are no flies in that ointment.  The dependent compensation goes to the Veteran, along with his "regular" compensation.  If he gets a divorce, he must notify Va of the change in dependent status or else he will likely have to pay that overage back to VA.  

The OP's question was not one of apportionment.  He asked, 

Quote

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

The answer to this is still NO.   Whether or not the spouse gets any money is decided by the courts, but, the VA will not knowingly pay the Veteran dependent compensation for the spouse if they know he is no longer married.  

If the court so decides, the spouse can present the divorce document, or other court orders, to the VA, and the VA will enforce that upon the Veteran.  

However, the Veteran still wont be compensated for his ex as a dependendents, UNLESS the court decrees that the ex spouse is a bonified dependent.  (That could happen if the spouse was disabled and dependent upon the Veteran for support, and the court decreed the same.)  

Often, the divorce decree will state "who" gets to claim the child as a dependent for IRS purposes.  

Link to comment
Share on other sites

  • 0
3 minutes ago, broncovet said:

Absent a court order, the VA wont apportion the Veterans compensation to a spouse.

no one specified court order or not, but a divorce by legal definition in the United States includes a court order.

4 minutes ago, broncovet said:

The answer to this is still NO.   Whether or not the spouse gets any money is decided by the courts, but, the VA will not knowingly pay the Veteran dependent compensation for the spouse if they know he is no longer married.  

once again you misstate reality and try to claim something was said that was not.

No one asked if the VA on its own decided to pay the spouse or not pay the spouse.

On 6/15/2019 at 5:39 AM, Buck52 said:

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

Buck52 asked if the spouse was still eligible and the answer is IT DEPENDS.

Bronco, the stuff you don't know but claim to be an expert about is legion.

please don't add in irrelevant statements or claim questions ask something they don't. all it does is add confusion.

Read the link I provided. They are lawyers, you are not.

The answer to Buck52's question is IT DEPENDS.

what does it depend on that WE don't see in his question? did the vet trade part of his military pension for VA disability? Did the court order support? what state the vet lives in?

no where does it depend on the VA, by itself, deciding to pay or not pay support and buck does not ask that.

Rose v. Rose is the controlling ruling by SCOTUS, and it says IT DEPENDS. If certain conditions of the extant case exist, then the Vet must pay the support. Period. Full Stop.

 

Link to comment
Share on other sites

  • 0
16 minutes ago, broncovet said:

the Veteran still wont be compensated for his ex as a dependendents,

that is not what Buck was asking and no one said the VA would pay the vet as if the ex was a dependent. You keep trying to spin things and make claims that are not present in the question.

Link to comment
Share on other sites

  • 0
43 minutes ago, GBArmy said:

pay up out of disability comp

one thing that happens frequently is the court considers the comp as part of the money the veteran brings in every month. In the states that allow this, the total monies are then the subject of support payment, including any alimony, and they just demand the money is paid from the other sources.

If the vet lives only the VA comp then they can/may/do issue the divorce decree to include a directive for the ex-spouse to get whatever monies they decided on.

It is all very complicated and depends on many factors.

Link to comment
Share on other sites

  • 0

In my case there was no re-marry clause if my ex remarried. It did not even dawn on me...so she will receive a part until one of us kicks the bucket! 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use