If a spouse divorces her husband who was a military service member, is she entitled to disability benefits. He was injured in Iraq and medically discharged. As his military wife I supported and stayed by his side through every deployment. We were married for over 16 years.
3 Answers
Helpful Newest
First Oldest
First
The divorce judge awarded me alimony for half of his disability payments that he gets from the military and Social Security. Your lawyer will have to help you with that. You have to get those payments from your ex because the military won't divide the disability payments.
Or you can contact a Social Worker at the VA.
(I would have thought that the lawyer that handled the divorce would have been able to research this as well)
As far as I am aware you are not entitled to benefits once you are divorced. Children may qualify for benefits though.
ADVERTISEMENT
Here is what I found:
" VA disability compensation cannot be divided between spouses in a state divorce court. If a service member waives any portion of military retired pay in exchange for VA disability, the amount waived is subtracted from the amount available to the former spouse."