VA benefits can be an essential part of a veteran’s life. They can help provide financial support, healthcare, and many other resources that can help them and their families live a more fulfilling life, despite their disability. If veterans ever find themselves in the situation of divorce, they should be aware of how their disability benefits may be impacted. These benefits could be a consideration in divorce settlements. In this blog, we will cover how divorce can impact VA disability benefits so veterans can do their best to protect their compensation during this time.
Can VA Disability Benefits be Divided During a Divorce?
VA disability benefits are considered separate property since they are compensation for the veteran’s military service. This means they aren’t subject to division as marital property in divorce settlements. The Veterans’ Benefits Protection Act (VBPA) was created to ensure that VA disability benefits are not divided as part of a divorce settlement. This law specifically protects VA disability compensation and retirement pay, making sure they are not treated as assets to be split between spouses during a divorce.
It is important to note that VA benefits can still play a role in other ways such as alimony or child support. The court may evaluate the income of the veteran, which includes VA benefits, to determine the veteran’s obligations. Additionally, if VA benefits are conjoined with martial funds, such as in a joint account, they may lose their protection from division. So no, VA benefits themselves cannot be divided during a divorce unless they are a part of a joint account, and they can indirectly impact how much a veteran is required to pay for other obligations.
Learn More: A Guide to VA Benefits for Surviving Spouses and Dependents
Impact of Divorce on Compensation
After a divorce, VA disability compensation can potentially decrease. A spouse may be considered a dependent and it will remove the spouse from the list of dependents, leading to a reduction in compensation. The veteran may no longer qualify for the additional benefits provided for a spouse.
When children are involved in the divorce, they may still qualify as dependents. The veteran’s compensation for their children may remain the same or change depending on the ages of the children.
Read More: 5 Common VA Disability Rules That You Need to Know
Protecting VA Disability Benefits During Divorce
Divorce is a stressful time for everyone, but it can be especially challenging for veterans wanting to ensure their VA disability benefits are protected. Here are some steps veterans can take to make sure their benefits remain protected during a divorce:
- Understand Your Rights: Veterans should be sure to educate themselves on the legal protections around VA benefits, such as the Veterans’ Benefits Protection Act. Understanding their rights can help them have peace of mind during the process.
- Work with an Experienced Attorney: Seeking help from an experienced attorney can make a huge difference. Attorneys who specialize in VA benefits and divorce law can help veterans navigate through the complex legal issues involved
- Child and Spousal Support Considerations: Since VA disability benefits cannot be divided, they can be factored in when determining child support or spousal support. Veterans should be aware of how their disability compensation may affect these payments.
Safeguard Your VA Benefits During Divorce
Divorce is a stressful time no matter who you are and finances can complicate the process even more. For veterans receiving VA disability benefits and going through a divorce, it is important to be aware of how the divorce can impact their benefits. While VA disability benefits aren’t subjected to division in divorce, they can be impacted in other ways.
If you’re facing divorce and have questions about your VA benefits, we’re here to help. Reach out to Tabak Law today for compassionate, expert legal support tailored to your unique situation.
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