VA Disability Pay and Divorce: What’s Protected, What’s Not –
“Can My Ex Take My VA Disability in Divorce?”
This is one of the most common – and most misunderstood – questions we hear from veterans. Here’s the truth about how VA disability payments factor into divorce.
1. The Golden Rule: VA Disability Is Generally Protected
Not considered marital property
Cannot be divided like a pension
Exempt from direct division by federal law
2. But…It Indirectly Affects Your Divorce
While the money itself is protected, disability pay can impact:
A. Child Support Calculations
– California includes VA disability as income when calculating support
– Example: $2,000/month disability = potentially higher support payments
B. Spousal Support (Alimony)
– Courts may consider it when determining ability to pay
– But cannot order direct payments from disability funds
C. Property Division Offset
– If disability pay reduces your military retirement (via VA waiver), the ex-spouse may be owed compensation from other assets
3. Special Case: Concurrent Retirement and Disability Pay (CRDP)
– Once fully restored, retirement pay becomes divisible
– Requires careful analysis of payment sources
4. Protecting Your Benefits
– Document all income sources clearly
– Argue for fair treatment of protected status
– Consider mediation to avoid hostile court battles
Veteran-Friendly Divorce Help
We understand the unique challenges veterans face in divorce and fight to protect your hard-earned benefits.
