QUESTION
How can my wife be entitled to any part of my veterans affairs pension?
Asked on Jan 11th, 2013 on Divorce - New Jersey
More details to this question:
I have been married to my wife for about 6 years and I am trying to get a divorce. I just received a letter in the mail that stated she has filed an apportionment claim. If approved, she will receive a large portion of my VA benefits. I don't understand how she has any right to my VA benefits because I was discharged in 1977 and did not marry her until 2006. Can you please help me figure this out?
8 ANSWERS
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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You need to address that issue in a divorce court. In the meantime I would suggest you contact the VA and delete any authorizations she may have.
Answered on Jan 14th, 2013 at 8:51 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She isn't entitled.
Answered on Jan 12th, 2013 at 7:31 PM
Child Custody Attorney serving Oklahoma City, OK
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Carla L. Robey-Harcourt Attorney at Law
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Your wife should not receive any benefits earned prior to your marriage but you will need to make sure that the Court order so states.
Answered on Jan 12th, 2013 at 7:31 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would be well advised to consult a lawyer who can review all the details with you, and research an area where state and federal laws might conflict. Under Wisconsin law, which might or might not govern a federal pension, the wife has an interest in the increase in value of your pension during the time you were married. (I.e. Compare its value as of the date of the marriage with the date of separation or divorce.) There may be federal law on the subject as well, with which I am not at present acquainted.
Answered on Jan 12th, 2013 at 7:30 PM
Dennis P. Mikko
She may make a claim during the divorce for a part of your pension. If there is no agreement, a court would have to make a decision. It sounds like the pension is your separate property and not marital property. If this is true, she would have no claim to the pension, however, a court may require you to make some form of spousal support payment to her. She may have filed an apportionment claim to preserve any rights she may have. You need to speak with your attorney regarding this matter.
Answered on Jan 12th, 2013 at 7:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Sounds like your pension is your separate property. You should talk to an attorney to help you. VA probably will need to see copy of court order/judgment confirming that it's your separate property.
Answered on Jan 12th, 2013 at 7:30 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Apparently you are receiving extra VA benefits based on having a dependent spouse, so the VA expects you to use that extra money to support your spouse. Once you are divorced that will probably change.
Answered on Jan 12th, 2013 at 7:30 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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She is not entitled to a dime.
Answered on Jan 12th, 2013 at 7:29 PM