Question:
Hi Jim. My question has to do with VA disability benefits that were earned during the marriage in a community property state. My husband has been earning VA disability benefits for a number of years. We have just been banking about money as we have not needed it to live on. He is now left me, and is saying that all of that money is separate property money versus community property. I realize it’s a separate property going forward after the divorce, but my question has to do with the amount of money in the bank that was earned during the marriage. Thank you for any insight you can give me.
Jim's Reply:
The Uniformed Services Former Spouses’ Protection Act exempts VA disability payments from being divided during a divorce. You'll need representation by a lawyer who is familiar with The Uniformed Services Former Spouses’ Protection Act.
- PS from StatesideLegal: Use the Find Legal Help directory to look for an LRS provider in your area and ask them for a low-cost referral to a lawyer who handles divorce and is knowledgeable about VA benefits/laws to help get you started.