Is my spouse entitled to my disability check in the event of a divorce? 11 Answers as of December 05, 2011

Is my spouse entitled to my disability check (VA or Social Security) in the event of a divorce? We have been together for 30 years and of that time she was with me for 10 years and 4 months of my 21 years of military service.

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, after 30 years of marriage , she likely would have a valid marital claim to part of both of your benefit checks.
Answer Applies to: Virginia
Replied: 12/5/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. A disability check may be considered income for purposes of determining whether support may be paid, but the disability check is not divided as if it were property.
Answer Applies to: Minnesota
Replied: 12/5/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
I don't know if your spouse will necessarily get any of it. However, it can certainly be taken into account by the court in dividing other assets.
Answer Applies to: Washington
Replied: 12/3/2011
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
I do not quite understand the "together...30 years" versus the "with me...10 years 4 months". She would not have a right to your disability payment, but she may have a right to spousal maintenance/alimony from you in the event of a divorce after a 30 year marriage/relationship.
Answer Applies to: Washington
Replied: 12/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Clearly, your wife is not "entitled to your disability check". She may qualify for the court to require you to provide financial support for some period of time (i.e. alimony) and your "disability income" is relevant to making that decision. Part of the reason you get either VA or SS is to help support your legal dependents and divorce, by itself, doesn't wipe out all financial obligations for your wife.
Answer Applies to: Colorado
Replied: 12/2/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    According to Va. Code 20-108.2.C "gross income" for child support purposes includes income from all sources and includes but is not limited to royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits (with limited exceptions) workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards. If your wife is seeking spousal support (alimony), in addition to the foregoing criteria, the court has considered the liquidation of capital assets as income and lottery winnings as income. The Virginia courts have held that alimony is an allowance made (generally to the wife) out of the other spouse's estate and includes all of the above described forms of income. However, if what you are asking is as to division of military retirement benefits, the portion that is attributable to service related disability (10%, 20%, etc.) is not included in the division of the marital share of your military retire benefits.
    Answer Applies to: Virginia
    Replied: 12/2/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    VA disability is non-divisible, non-assignable and non-attachable. That is the actual law under title 33 of the US Code. Translation to the above, the court cannot award her any percentage of your VA benefits. If you are in Dallas or Collin County and she tries to get it, please call me. Even if you have a lawyer, you will want me to step in (have your lawyer call me about testifying as an expert). Eleven years U.S. Marine Corps and I authored a paper on the subject of division of VA benefits and Chapter 14 vs. Chapter 33. (14 is Military Retirement pay).
    Answer Applies to: Texas
    Replied: 12/2/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    She could be entitled to spousal support and she could file for a portion of your social security.
    Answer Applies to: Michigan
    Replied: 12/2/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Maybe. The Military Divorce Handbook says the following applies: Pursuant to 10 U.S. Code 1072(2)(F)
    Answer Applies to: Ohio
    Replied: 12/2/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your wife would not be entitled to the disability proceeds per se but may be a candidate for spousal support.
Answer Applies to: California
Replied: 12/2/2011
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