Question:

After 38 years my Vietnam vet husband and I are getting a divorce. He is 100% PT . I know that he can't have his benefits touched, but I keep reading about Rose vs Rose and alimony. He wants to take my military id and insurance. After 10 years I read where I will still receive death benefits. Any thoughts? I have gotten him into 3 rehabs and helped get him the benefits.

Jim's Reply:

Divorce is always difficult and rumors about what litigants are entitled to abound. The truth is that all benefits are on the table and the final arbiter of who gets what is the judge who will preside over the final divorce decree. While it's true that VA benefits can't be garnished like a paycheck, VA benefits can be used as income in the financial statement the court will require and that money will count in the final determinations of who pays how much to who. Divorce law is very complex and best left up to your lawyer...that Rose v Rose case is a classic but not as simple as it may first appear. Get an attorney, the sooner, the better.

• PS from StatesideLegal: Use the Find Legal Help directory to your State to look for a local LRS provider -- ask for a low-cost consult with a lawyer with expertise in VA benefits and divorce to better understand your rights.