At McMurdie Law & Mediation, we proudly serve those who have served our country. Veterans and military families face unique legal considerations during divorce, especially when it comes to understanding how VA disability, military pensions, and other military service-related benefits are handled in Arizona family law. If you’re a veteran going through divorce or support proceedings, it’s essential to know how your rights and responsibilities through veterans family law. Military benefits are distinct, and working with a family law attorney who understands military-specific issues can protect your benefits, your family, and your future.
Why Veterans Family Law Requires Specialized Knowledge
Divorce is rarely simple, but for veterans and their families, the legal landscape can be more complicated due to federal laws, unique income sources, and jurisdictional questions. While Arizona law governs divorce, support, and custody matters, military benefits such as VA disability compensation and military retirement pay are governed by federal and military statutes.
Not all divorce attorneys are familiar with these intersections. That’s why it’s critical to work with a legal professional who has experience in veterans family law and understands how to balance state and federal regulations in divorce, custody, and post-decree issues.
Are VA Disability Benefits Divisible in Divorce?
One of the most commonly misunderstood issues in a veteran divorce is the treatment of VA disability compensation. Under federal law, VA disability payments are not considered divisible marital property and cannot be awarded to a former spouse as part of a property division settlement.
However, that doesn’t mean they don’t matter. Courts in Arizona can still consider VA benefits when calculating:
- Spousal maintenance (alimony)
- Child support obligations
Since VA benefits are a form of income, they may be factored into a veteran’s ability to pay support, even if they are not subject to division themselves. A knowledgeable attorney can help you make sure your benefits are properly presented in court and that your rights are protected.
What About Military Retirement Pay?
Unlike VA disability, military retirement pay can be divided in divorce under the Uniformed Services Former Spouses’ Protection Act (USFSPA). In Arizona, retirement pay earned during marriage is considered community property and is typically subject to division.
The amount a former spouse may be entitled to depends on several factors:
- Length of the marriage
- Overlap between marriage and military service
- Whether the retirement was waived in exchange for VA disability benefits
If you’re a veteran or a military spouse, it’s important to understand how retirement pay may be calculated and allocated during the divorce process. A lawyer experienced in veterans family law can work to ensure a fair division and clarify what’s negotiable and what isn’t.
Child Support and Military Income
Military pay structures can be complex, with basic pay, allowances (BAH, BAS), bonuses, and tax-exempt portions. When calculating child support in Arizona, all income sources including allowances may be included, depending on their nature and regularity.
In some cases, a veteran receiving only disability benefits might argue that they are unable to meet standard support obligations. However, the court will evaluate the child’s needs alongside the parent’s financial situation, and modifications may be necessary.
Veterans with parenting time orders should also know that their parenting schedules, especially if they involve deployments, VA medical care, or long-distance parenting, can be adjusted with the right legal support.
Survivor Benefit Plans and Divorce
If military retirement pay is part of the divorce decree, the non-military spouse may request designation as the beneficiary under a Survivor Benefit Plan (SBP) to continue receiving benefits after the service member’s death. This is a crucial, time-sensitive election that must be handled properly during or immediately after divorce.
Failure to secure this benefit can result in the loss of post-retirement income for a former spouse. Veterans should be aware of the long-term impact of these elections and ensure they’re addressed during negotiations.
Why Choose McMurdie Law & Mediation?
Cristi McMurdie brings decades of experience in Arizona family law and has worked extensively with both veterans and military spouses. Whether your case involves divorce, support, parenting time, or post-decree enforcement, we understand the complexities of military service and the impact it has on legal proceedings.
Our firm provides:
- Clear legal advice tailored to veterans’ unique benefit structures
- Respectful, collaborative communication to resolve disputes
- Court representation when necessary and mediation when possible
- Long-term planning to protect both your finances and your family
If you’re a veteran or military spouse facing divorce, rely on experienced legal counsel to protect your rights. The intersection of federal benefits and Arizona family law requires a thoughtful, informed approach. McMurdie Law & Mediation is here to help you protect your rights and move forward with confidence.
Contact us today to schedule a consultation with an experienced Arizona family law attorney who understands veterans family law and is here to support your next chapter.
And most importantly, thank you for your service.
We are honored to support Arizona veterans and their families with the care, respect, and legal advocacy they deserve.