Divorced Spouses and Military Benefits

DIVORCED SPOUSES AND MILITARY BENEFITS


If you are a veteran who is divorcing or are getting a divorce from a veteran, you likely have questions about the impact of divorce on your benefits. There are two different issues in play:

  • The direct impact of divorce on benefits available to each spouse, and
  • Whether and to what extent a divorce court can divide veterans benefits


The best way to understand how divorce will impact your rights and benefits–as a veteran or the soon-to-be former spouse of a veteran–is to talk to an experienced veterans disability benefits advocate. The information below provides an overview of the most common issues facing divorcing veterans and former spouses of veterans.

DIVORCE MAY CHANGE THE AMOUNT OF VA DISABILITY BENEFITS

If the covered veteran divorces, veterans disability benefits may be reduced. That’s because the veteran’s spouse and any minor stepchildren who may have been taken into account in calculating benefits will no longer be considered dependents. It’s important to update dependents as soon as possible after a legal change like divorce because overpayments can be withheld from future benefits.

DIVORCED SPOUSES MAY RETAIN SOME VA BENEFITS

The former spouse of a veteran may retain some benefits after the divorce. However, those benefits are limited, eligibility will depend on factors such as the length of the marriage and the length of military service, and some require action shortly after the divorce.

For example, the ex-spouse of a military veteran may have continuing eligibility for healthcare coverage, but only if the veteran served a minimum amount of time in the military and the spouse was married to the veteran for a minimum amount of time during that service. Former spouses who don’t meet the requirements for this ongoing coverage may qualify for shorter-term continuing or alternative coverage.

CAN A DIVORCE COURT DIVIDE VETERANS BENEFITS?

The simple answer is no, but that doesn’t tell the whole story. VA disability benefits aren’t considered marital property, which means the court can’t split them between divorcing parties. However, veterans disability benefits will be considered when determining child support or spousal support. So, a disabled veteran could be ordered to make domestic support payments that, as a practical matter, could only be paid out of disability benefits. However, there are some limitations on enforcement. VA disability benefits typically can’t be garnished by a state court and may be garnished to collect child support payments only to the extent that the benefits are paid in lieu of military retirement pay.

APPORTIONMENT OF VETERANS DISABILITY BENEFITS

In limited circumstances where the veteran is not providing support to dependents and those dependents can establish hardship, the VA may apportion (divide) the disability benefits and provide some direction to those benefits. So, for example, if a disabled veteran is not paying child support, the former spouse may be able to apply for apportionment and receive a portion of the veteran’s disability benefits directly.

MILITARY RETIREMENT PAY WORKS DIFFERENTLY

Military retirement pay, like other types of retirement benefits, is considered a marital asset. That means that the divorce court typically has the authority to divide these benefits between spouses.

What is the VA DBQ?

What is the VA DBQ?

What is the VA DBQ?  A VA Disability Benefits Questionnaire (DBQ) is a form used to convey...

More Articles

The Importance of Documentation: Gathering Evidence for a PTSD VA Disability Claim

The Importance of Documentation: Gathering Evidence for a PTSD VA Disability Claim Post-traumatic stress disorder is one of the most common reasons veterans receive VA disability benefits. In 2022, 1,343,669 veterans were receiving benefits for service-connected PTSD....

How to Win Your PTSD Claim

How to Win Your PTSD Claim - Donnel Beckles, Managing VA Advocate, Veterans Help Group Donnel Beckles is a top Veterans Advocate, and a member of the National Organization for Veterans Advocates. Donnel is accredited to practice...

PTSD and Veterans: Understanding the 100% Disability Rating Requirements

PTSD and Veterans: Understanding the 100% Disability Rating Requirements Post-traumatic stress disorder is common among veterans, and many veterans receive veterans disability benefits for the condition. However, most are rated less than 100% disabled. The standard...

What Causes PTSD to be Triggered in Veterans?

In the past 15 years, the estimated number of veterans who have been diagnosed with PTSD currently numbers more than 500,000. As many as 60,000 of these veterans are Iraq and Afghanistan war veterans. Estimates show more than 20% to 30% of veterans...

FREE CASE EVALUATION 

"*" indicates required fields

Name*
Hidden
Hidden
This field is for validation purposes and should be left unchanged.