As Veterans Day approaches on November 11, 2024, we at McMurdie Law & Mediation extend our heartfelt thanks to all veterans for their service and sacrifices. We understand that life after military service comes with unique challenges, especially when navigating family law matters like divorce.
Divorce can be challenging for anyone, and veterans face a unique set of issues, particularly when it comes to protecting their hard-earned benefits. VA disability payments, military pensions, survivor benefits, and access to essential services like healthcare can all be affected during a divorce. Child support can also be a significant factor in a divorce involving veterans, and it’s crucial to understand how military benefits impact child support calculations. Working with an experienced divorce attorney ensures that all aspects of your financial and family situation are fairly represented.
VA Disability Benefits in Divorce
One of the most common misconceptions surrounding divorce and veterans is how VA disability benefits are treated. VA disability payments are considered non-divisible assets in a divorce, meaning they cannot be split between spouses in a property division. These payments are intended to compensate veterans for service-connected disabilities and are protected from division by federal law. This means that the veteran’s spouse is simply not entitled to their disability award.
However, misunderstandings often arise during divorce proceedings. Some spouses mistakenly believe they are entitled to a portion of VA disability payments, leading to disputes. An experienced divorce attorney for veterans can clarify this issue, ensuring that these payments remain fully intact and in the veteran’s control. It’s important to work with a lawyer who understands these legal protections and can defend your rights throughout the process.
That said, it’s important to note that VA disability benefits may still be considered as part of a veteran’s income when calculating child support or alimony. While the payments themselves are not divisible, they can impact financial obligations in these areas. A skilled attorney can help ensure that any child support or spousal maintenance is calculated fairly, taking into account your unique financial situation.
Military Pensions and Divorce Settlements
While VA disability benefits are protected, military pensions are subject to division in a divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military pensions as divisible property. This means that your ex-spouse may be entitled to a portion of your pension, depending on the laws of the state and the specifics of your marriage. This rule also allows spouses married more than 10 years to be paid directly from the Defense Finance Accounting Service rather than the veteran spouse.
However, there are strategies to ensure that military pensions are fairly divided while safeguarding veterans’ rights. For example, your attorney can work to negotiate a fair settlement that considers the length of the marriage, the time served in the military, and other relevant factors. In some cases, a veteran may negotiate to keep their entire pension in exchange for other assets. Having a skilled divorce attorney for veterans by your side is essential to ensure that your pension is treated fairly.
Survivor Benefit Plans (SBP) and Their Impact
The Survivor Benefit Plan (SBP) is another area that requires careful attention during a divorce. SBP provides continued income to a former spouse if the veteran passes away, but it must be specifically addressed in the divorce settlement. If the SBP is not properly protected during negotiations, the ex-spouse may lose the right to claim benefits after the divorce is finalized.
A knowledgeable divorce attorney will ensure that your SBP is appropriately accounted for in the divorce agreement. Whether you are a veteran or a former spouse, it’s crucial to have legal guidance to protect your survivor benefits and ensure future financial security.
Other Benefits (Healthcare, Housing, etc.)
Veterans are often entitled to healthcare benefits, such as TRICARE, as well as VA home loan benefits that can significantly impact their financial future. During a divorce, these benefits can be put at risk if not properly handled. For example, TRICARE eligibility for a former spouse depends on the length of the marriage and service time. Ensuring that both parties understand the implications of the divorce on healthcare access is key to a smooth process.
A divorce attorney for veterans can help you retain access to your healthcare benefits and VA home loan privileges. By addressing these benefits during negotiations, your attorney will work to preserve your eligibility, ensuring you don’t lose access to essential services after the divorce is finalized.
Veterans face unique challenges in divorce, particularly when it comes to protecting their benefits and addressing child support obligations. From VA disability payments and military pensions to survivor benefits and healthcare access, it’s essential to work with a knowledgeable attorney who understands the complexities of military divorces. At McMurdie Law and Mediation, we are committed to safeguarding your rights and ensuring that your hard-earned benefits are protected while ensuring fair child support arrangements.
Contact McMurdie Law & Mediation today at 480-777-5500 to schedule a consultation and discuss how we can help protect your veteran’s benefits and ensure fair child support during this critical time.