Do VA disability benefits get divided in divorce?
VA disability benefits are intended to compensate the veteran for his or her diminished earning capacity as a result of the disability. But while they are intended to help a disabled veteran, and while the benefits themselves are not property to be divided in divorce, that doesn’t mean they are not relevant to the divorce.
How are disability benefits divided in a divorce?
To qualify, you must meet the following requirements:
- you were married to your ex-spouse for 10 years or more
- you are 60 years old or older, or are disabled and at least 50 years old
- you have not remarried, and
- you aren’t entitled to a larger benefit based on your own Social Security record.
Is divorced spouse entitled to VA disability benefits?
VA disability benefits do not count as an asset during divorce proceedings under federal law. What that means for veterans and former spouses is that a divorce lawyer or family court judge cannot automatically divide the disability income between the former husband and wife.
What conditions qualify for VA disability benefits?
You may be able to get VA disability benefits for conditions such as:
- Chronic (long-lasting) back pain resulting in a current diagnosed back disability
- Breathing problems resulting from a current lung condition or lung disease
- Severe hearing loss
- Scar tissue
- Loss of range of motion (problems moving your body)
- Ulcers
- Cancers caused by contact with toxic chemicals or other dangers
Does my ex wife get my VA disability?
VA disability benefits do not count as an asset during divorce proceedings under federal law. What that means for veterans and former spouses is that a divorce lawyer or family court judge cannot automatically divide the disability income between the former husband and wife.
What is a divorced military spouse entitled to?
After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of “COBRA” for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.
Is my spouse entitled to my VA disability?
Federal law is very clear that VA disability benefits are not a marital asset. That legal guidance is found in the Uniformed Services Former Spouses' Protection Act (USFSPA), which exempts VA disability benefits from being considered marital property.
Can ex wife claim my military pension years after divorce?
To collect under the USFSPA, a former spouse must have been awarded a portion of the Servicemember's military retirement pay as property in their final divorce decree. The USFSPA allows the court to treat the military retirement pension just as it would a civilian pension plan.
Can a divorced spouse of a veteran get a VA loan?
It is possible for your spouse to maintain their benefits through the veteran home loan after getting divorced. To do so, the military member must agree to stay on the mortgage and agrees to make payments on the home until the loan is repaid or the house sells.
How much of my military retirement is my ex wife entitled to?
50%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.
How long do you have to be married to a veteran to receive benefits?
The veteran must have received an honorable discharge. To qualify for most benefits, the spouse must have been married to the veteran for at least a year. In some cases, if the spouse of a veteran remarries, benefits may be terminated.