Military retirement/disability

[jma0001]

What is the name of your state? Wa.

Divorce is a possibility. I believe my spouse has a right to a portion of my military retirement. Half of that retirement is received as a disability. Is the disability considered part of the retirement or separate? Will the disability portion be a consideration for her part of the settlement?

Thanks,

 

[LdiJ]

What is the name of your state? Wa.

Divorce is a possibility. I believe my spouse has a right to a portion of my military retirement. Half of that retirement is received as a disability. Is the disability considered part of the retirement or separate? Will the disability portion be a consideration for her part of the settlement?

Thanks,

I think that you need a local attorney to answer that question. Its a bit too complex for an internet forum.

 

[IrishLady47]

Military retirement benefits can be divided as part of a property settlement during divorce like most other pensions, 401k plans, IRAs etc. VA disability benefits are not distributable in a property settlement. However, if you are waiving a portion of your military retirement to receive VA disability, that may not affect your spouse's share of your military retirement. The biggest factor in determining her share will be the overlap of the marriage to the years of service that your pay is based upon.

Make sure you get a lawyer knowledgeable about military and veteran's benefits. You also need to review the Uniformed Services Former Spouse Protection Act, you can find links to it on DFAS and the Army Retirement Services website.