Jim,

Read your web site on how judges don't often rule in favor of vets on their disability pay vis-a-vis divorce proceedings. In Virginia, do the courts in this state consider disability pay as part of the alimony pool in which the women gets 28%? Any info is appreciated.

Reply:

The state of Virginia is like all the rest...they speak of "Gross Income" : "Gross income is all income earned before taxes, deductions and expenses are taken out. The Code of Virginia defines gross income as: ...all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below*, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards." "Gross income" shall not include benefits from public assistance (TANF), Federal Supplemental Security income benefits, or child support."

Your disability benefit income is not protected as many vets believe it is. More on this here http://www.vawatchdogtoday.org/Alimony___Child_Support.html