Question regarding divorce and VA Disability

unofaphere · 2021-12-13T01:41:53+00:00

Call the 1800 number and report the divorce. Send in divorce decree once the divorce is finalized based on your jurisdiction.

Source: Va employee

Webofshadows1 · 2021-12-12T16:59:59+00:00

It is usually when the divorce is finalized. The VA is notorious for taking forever to file paperwork.

kapriece · 2021-12-12T23:45:24+00:00

Report afterward. You're eligible for that portion until final. The only way after that they'd find out is if she knows and reports you, or she files for SS. What you don't want is to accumulate a debt. Ex tried to turn me in but I already took care of it. Later she tried to bring it up in CS court. I was told they can't take it for CS so why count it.

akihonj · 2021-12-12T15:22:07+00:00

My advice is to either speak to your lawyer about it or contact them directly for advice.

Asking for their advice should not be reported up the chain because it's purely advice.

Chance_Refrigerator7 · 2021-12-12T22:39:24+00:00

Since VA disability is not awarded in divorce it doesn't matter if you report to them, but the DOD will usually help with that if your awarded over 20% due to the spouse pay on that you will lose from being divorced.

But, if you do get military retirement pay that will be split up to 50% awarded to a former spouse. The divorce decree if you have been married over 10 years while active duty and spousal support can be garnished the max is an additional 15% of your take home military retirement pay. Plus your SBP will be split with your former spouse in the divorce decree also if it is attached as an asset as military retirement pay is in a marriage.

Being separated is not divorced and if you do get a legal separation then the spouse will get 50% of retirement pay until it is turned into a divorce decree.

Trying to hide assets will backfire if you attempt to do that with any military retirement pay or SPB that the spouse is attached too. You could face contempt of court all the way to intentionally withholding assest.

Title	Question regarding divorce and VA Disability
Author	gg2ezpzlemonsqz
Upvotes	5
Comments	5
Date	December 12, 2021 2:49 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/reqhlr/question_regarding_divorce_and_va_disability/
Archive Link	https://theredarchive.com/r/Divorce_Men/question-regarding-divorce-and-va-disability.1092856 https://theredarchive.com/post/1092856

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