Can VA Disability Pay and Benefits Be Divided in a Divorce?
Military life can be a challenge for couples and families — making higher divorce rates a stark reality for members of the U.S. Military. The annual divorce rate for active-duty military members is an estimated 2.8% – 3.7% with higher numbers for female service members at 7.2% and service members in special operations where the divorce rate lies somewhere between 60% and 90%.
For comparison — the estimated overall annual divorce rate in the United States is 0.25%. Many veterans who receive disability compensation from the U.S. Department of Veterans Affairs (VA) and are facing a divorce want to know — can VA disability pay and benefits be divided in a divorce? They want to know if a divorced spouse can still receive VA benefits and much more. VA Benefits Attorneys is here to help answer your questions.
Can My Ex-Wife or Ex-Husband Take My VA Disability Pay in a Divorce?
No. Your VA disability compensation cannot be divided as marital or community property in a divorce. Veteran disability pay is protected under the Uniformed Services Former Spouses Protection Act (USFSPA) and is defined as separate property. This legislation prevents state divorce courts from awarding any portion of the veteran’s disability pay and compensation to the former spouse in the event of a divorce and the U.S. Supreme Court Case of Howell v. Howell set the precedent that a court cannot order a veteran to reimburse a former spouse for retirement pay that may have been waived to receive disability pay.
How Is VA Disability Pay Affected by a Divorce?
Just because your VA disability pay cannot be taken in a divorce does not mean it is not affected. While disability pay cannot be directly divided under federal law and a judge cannot give an ex-wife or ex-husband a larger share of marital assets to compensate for the inability to divide disability compensation — your disability pay is considered a source of income.
This means that your VA disability pay can be factored into equations to calculate alimony or child support payments in a divorce. The U.S. Supreme Court Case of Rose v. Rose determined that state divorce courts could treat disability pay and compensation as gross income. In this case, the court determined that because VA benefits were intended to provide financial support for both the veteran and their family, they can be included in the veteran’s total available financial resources by legal officials. Even if the court system cannot specifically divide VA disability pay, it can be included in total income to calculate alimony or child support payments.
READ MORE: Will VA Disability Pay Rates Increase in 2027?
Are you a disabled veteran facing a divorce? Do you receive VA disability compensation? You may be asking — can VA disability pay and benefits be divided in a divorce? We have the answers to your questions right here at VA Benefits Attorneys.
