<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Howabout:
I was totally disabled over 12 years ago and receive checks for disability.I have been married 28 years-no children at home.Spouse still works.It looks like we are heading for divorce court.I receive-social security and VA benifits.Is she entitled to any of that and if so how much?
Thank you<HR></BLOCKQUOTE>
Federal employee benefits (military retirement pay, civil service pensions, etc.) are preempted only when congressional intent is clear. But, in any event, ownership rights in federal benefits are subject, at least in the first instance, to governing federal statutes. Social security benefits are preempted by the Social Security Act and thus must be treated as the employee's separate property. Veteran's disability pay is exempt from state court attachment while in the hands of the VA (38 USCA Sec.5301(a)) and is not divisible community property in state court dissolution proceedings (Mansell v. Mansell (1989) 490 U.S. 581, 594-595, 109 S.Ct. 2023, 2032). However, once the benefits are paid, they are subject to disposition under state law (no federal preemption). [Rose v. Rose (1987) 481 U.S. 619, 635, 107 S.Ct. 2029, 2039--Tenn. statute permitting state court to consider VA disability in determining veteran's child support obligation not preempted]
IAAL
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