Does a divorced spouse get VA benefits?
Does a divorced spouse get VA benefits?
Most monetary VA benefits, such as disability compensation and veterans pensions, simply remain with the eligible veteran following a divorce because payment is based entirely on their qualifying military service. As a rule, only current or surviving spouses and dependents factor into VA benefits decisions.
How do I find out if my ex husband receives Social Security?
How can I find out if a former spouse is collecting Social Security benefits on my record? En español | You ask the Social Security Administration. It can tell you the name of any “auxiliary beneficiary,” including an ex-husband or ex-wife who is drawing or has drawn benefits on your earnings record.
Is disability considered income in a divorce?
When calculating alimony, SSDI payments are considered income, while SSI is not. VA disability benefits may not be considered when dividing marital property. In any case, VA benefits are considered income when determining support obligations.
Are private disability benefits separate property or marital property?
Generally, disability benefits are not marital property and retirement benefits are marital property. Whether your retirement benefits will be considered marital property or not depends on whether you continued to work after the injury that resulted in the disability benefit and your age.
Is disability income community property in California?
Disability pay, consequently, compares to compensation for personal injury rather than to retirement pay. fn. 5 The right of an injured spouse to such compensation, under California law, is not a community asset, and thus not subject to division upon dissolution of the marriage.
Are Social Security disability benefits community property in California?
Under federal law, Social Security benefits may not be divided as community or marital property upon divorce. Unlike other assets, a person does not “buy” Social Security benefits or otherwise acquire them in a transaction.
Is a workers comp settlement community property?
Allocation of Workers Comp Settlements. In California, worker’s compensation payments received by a spouse to compensate her for lost income during the marriage are generally community property. Settlements that compensate the spouse for future medical treatment is separate property.
