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?

[GeekySquid]

4 minutes ago, paulstrgn said:

there was no re-marry clause

I tend to think the necessity of such a clause is state dependent.

In terms of alimony, in most states, if the receiving party remarries alimony ends. The party may have to petition a court to make that happen, but it still ends.

If the divorce decree, in those states, include spousal support based in whole or part on VA compensation, that support would most likely be affected if the ex-spouse remarries.

child support however would stay intact until the kids 18 or whatever the decree says.

 

[paulstrgn]

According to DFAS "No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order."

https://www.dfas.mil/garnishment/usfspa/faqs.html

 

[GeekySquid]

40 minutes ago, paulstrgn said:

A former spouse must have been awarded a portion of a member’s military retired pay in a State court order."

that is accurate. every divorce in the U.S. involves a decree which is a court order.

If the spouse does not ask for support/alimony the court won't automatically award it.