Question:
My question is I’m in the process of going through a divorce and I’d like clarification on my VA disability payments. Can the lawyer consider that payment as income?
Jim's Reply:
It isn't the lawyer who makes that call, it's state law and the court will enforce that. Every state that I'm aware of asks each party to a divorce to state all income. All income is literal in that income from disability payments must be included in the financial statement. VA disability income is meant to replace income you'd be earning if you weren't disabled to some degree. If you weren't disabled and you were making equal money, that would be your income in a divorce. Disability income simply replaces what your earned income would be and it's legit to use that money...no matter what you hear, VA disability money is not protected in divorce.