Understanding how VA disability and divorce work together can help both veterans and their ex-spouses avoid costly mistakes. VA disability in divorce is not considered an asset or divided like property, but it is considered income, and can still impact child support and alimony decisions.
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In this article about VA disability in a divorce:
Key Takeaways
- In most cases, a divorced spouse is not entitled to a veteran’s VA disability compensation.
- VA disability is considered income, and can impact child support and alimony decisions.
- Marriage affects VA disability payments in many cases, so veterans are encouraged to report a divorce to the VA as soon as possible to avoid overpayment.
VA disability and divorce
VA disability and divorce can raise a lot of questions for both veterans and their spouses or ex-spouses. A divorce can affect the amount a veteran receives each month and how those benefits are treated in legal and financial decisions.
VA disability compensation is not treated like other marital assets. Federal law protects these benefits from being divided between spouses during a divorce.
But even though the benefits cannot be divided, they still play a role in the overall financial picture. Courts may consider a veteran’s VA disability payments when deciding on issues such as child support or alimony. That means VA disability compensation can still affect what a veteran may pay to dependents after a divorce.
Divorce can also change the amount of monthly benefits a veteran receives. If a veteran has a VA rating of 30% or higher and claims dependents, compensation increases with the number of dependents. Dependents may include spouses, children, and parents. After a divorce, the extra amount you were receiving for having a spouse is removed, lowering the total monthly benefit. The exact change depends on the veteran’s rating and number of dependents.
Veterans are encouraged to report a divorce to the VA as soon as possible. If the VA continues to pay benefits for a spouse who is no longer a dependent, it may create an overpayment. Once the VA finds out about an overpayment, they can later recover the money by reducing future benefits until the full amount has been paid back.
To report a divorce to the VA, veterans need to fill out and submit VA Form 21-686c, Application Request to Add and/or Remove Dependents.
Is a divorced spouse entitled to VA benefits?
In most cases, a divorced spouse is not entitled to a veteran’s VA disability compensation. Federal law treats these benefits as belonging to the veteran, and they cannot be divided as marital property during a divorce.
One possible way an ex-spouse may receive part of a veteran’s disability benefits is through apportionment. Apportionment is when the VA requires a veteran to send a portion of their monthly compensation directly to a dependent, such as a spouse or child.
For example, a veteran may have been ordered to pay alimony after a divorce. If they do not make those payments, their ex-spouse can file to claim the portion of those disability benefits to which they are entitled.
A former spouse may also qualify for certain military-related benefits, depending on the length of the marriage and service. Under the 20/20/20 rule, some former spouses can keep access to health care and other privileges. But it’s important to note that these benefits are tied to military service, not VA disability compensation.
Is VA disability considered income in a divorce?
VA disability compensation is not treated as marital property, but it is usually considered income when courts make financial decisions in a divorce.
Courts can still include VA disability payments when calculating child support and alimony. This means the monthly amount a veteran receives may be part of the income used to decide support obligations.
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Legal separation and VA benefits
Legal separation does not automatically change a veteran’s eligibility or compensation. A legal separation means the couple is still married under the law, so the VA generally continues to recognize the spouse as a dependent until a final, legally recognized divorce is issued.
How Woods & Woods can help
At Woods & Woods, we focus on helping non-working veterans with service-connected conditions get individual unemployability benefits and, in some cases, increased ratings. We also help survivors of veterans receive their DIC benefits. If you think we can help you with your claim, call us today for a free case evaluation. You won’t pay us unless we take and win your case.
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Frequently asked questions
Yes. You are encouraged to report a divorce to the VA so your dependent status can be updated. To report a divorce to the VA, veterans need to fill out and submit VA Form 21-686c, Application Request to Add and/or Remove Dependents. If you delay reporting a divorce and the VA continues to pay benefits for a spouse who is no longer a dependent, it may create an overpayment. The VA can later recover that overpayment by reducing future benefits.
A veteran’s disability payment may decrease if they receive additional compensation for a spouse. Veterans with a disability rating of 30% or higher may receive extra monthly pay for dependents, which includes spouses. Once the divorce is final, that portion is removed. The exact decrease depends on your disability rating and whether you still have other dependents, such as children.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
