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Disability retirment and an ex spouse

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Latest post Thu, Jun 15 2017 3:06 AM by AttyMcGill. 4 replies.
  • Wed, Jun 14 2017 7:50 AM

    • copgoetz
      Consumer
    • Not Ranked
    • Joined on Wed, Jun 14 2017
    • TX
    • Posts 1

    Disability retirment and an ex spouse

    I have recently divorced and my ex was awarded 1/2 of my retirment effective June 1, 2016 (should I retire, which i am not elgible for 15 more years). However, i have thought about applying for disability retirement since I am a 90% vet and struggeling with several migrains. Is he entitled to 1/2 of my disability retirement?

  • Wed, Jun 14 2017 8:41 AM In reply to

    Re: Disability retirment and an ex spouse

    No way to answer that without reading the EXACT wording of your decree.

    Talk to your attorney.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jun 14 2017 3:53 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Disability retirment and an ex spouse

    PLus dig deeper into if state courts  even have power,to divide  VA disability payments ...I know enough to know there are some special issues with VA disability ..but way short of any details . You need to dig ,



  • Wed, Jun 14 2017 10:13 PM In reply to

    Re: Disability retirment and an ex spouse

    copgoetz:

    I have recently divorced and my ex was awarded 1/2 of my retirment effective June 1, 2016 (should I retire, which i am not elgible for 15 more years). However, i have thought about applying for disability retirement since I am a 90% vet and struggeling with several migrains. Is he entitled to 1/2 of my disability retirement?

    There are two issues that arise in a divorce that relate to money and property: (1) the division of marital property between the spouses and (2) alimony and child support. Your VA disability benefits cannot be divided as part fo the marital property division. Federal law prohibits that, as determined by the U.S. Supreme Court in Mansell v. Mansell, 490 U.S. 581 (1989). However, your benefits could be used to determine alimony or child support that you may owe to your ex. If you have not been ordered to pay alimony or child support then your VA disability payments should be safe from any claim by your ex.

  • Thu, Jun 15 2017 3:06 AM In reply to

    Re: Disability retirment and an ex spouse

    The settlement agreement or QDRO (Qualified Domestic Relations Order) would likely determine whether she would be entitled to a portion of your disabiity retirement.  Likely, she would not; however, that would only be true until age 62, when your disability retirement would be converted automatically to regular retirement.  You should check with your divorce attorney.

    Sincerely, Robert R. McGill, Esquire

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