How does divorce affect my VA disability benefits?
How does divorce affect my VA disability benefits?
Disability Benefits Not Subject to Marital Property Division Under the Uniformed Services Former Spouses’ Protection Act, VA disability payments are exempt from being treated as marital property and cannot be divided as part of a divorce.
Can you get VA disability and retirement?
United States military retirees can receive both military retiree pay and VA disability compensation at the same time in any branch of service. Two types of veterans benefits provide this concurrent receipt of pay: Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC).
Can my wife get my military retirement if we divorce?
No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.
How long do you have to be married to get half of his military retirement?
10 years
How much of my husband’s military retirement am I entitled to?
The maximum amount of pension income an ex-spouse can receive is 50% of the military retirement pay. Once the order is filed with DFAS, it will take three months (90 days) for the direct payments to begin if the ex-spouse is already receiving their pension.
Can I refuse financial disclosure?
In some circumstances one partner may refuse divorce financial disclosure or may not be as co-operative as you require. The court can make a financial order requesting your partner to provide financial information.
Do I have to disclose my new partners assets?
Many people will hold strong opinions on disclosing their new partner’s financial position, and the partner themselves may refuse, but there is a duty to disclose any plans to cohabit or remarry, and to provide full and frank disclosure.
