Is my spouse entitled to my VA disability?
Is my spouse entitled to my VA disability?
No. Federal law specifically, the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C. \xa71408 exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.
Are my disability benefits separate property or marital property?
Some courts have classified private insurance disability benefits according to the nature or purpose of the particular benefits, so that disability benefits are marital property to the extent that they replace retirement income but separate property to the extent that they compensate for personal suffering and lost …
Can alimony be taken from Social Security?
If you owe back alimony, your former spouse can garnishee your Social Security retirement benefits by obtaining a judgment against you for the debt and a court order for garnishment. After COGS has processed the order, it will begin deducting the specified amount from your Social Security retirement checks.
Is disability income subject to alimony?
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.
