Question:

My husband's 50% disability check is being direct deposited in to a savings account in my husband's name only. I do not have access yo this account, nor do I know the name of the bank. Is this savings account now considered community property in the state of Virginia in a divorce?

Jim's Reply:

Maybe, maybe not. The judge in the divorce court will be the one who determines exactly what meets those definitions for your state laws. However, most often those VA disability dollars are viewed as a part of the total income profile of the veteran when a divorce occurs. The veteran is required to report all income, including disability income, so that it may be used in the calculations of who owes what to who. If you don't believe he's reporting all income you should be sure the court knows that.