It is impossible to answer your question from the information provided, but there is material available that should allow you to find your answers. Presumably, you mean that you are ONLY receiving VA disability benefits, as opposed to a regular longevity retirement, or CRDP or CRSC benefits; if it is otherwise, the answer might be different. You should review the "disability" sections of the article "Divorcing the Military," posted at http://willicklawgroup.com/military-retirement-benefits/, and see if that answers your questions.
If not, feel free to call to explain what benefits are actually being received, along with some information about the service dates, the marriage dates, and the current status of both, and we should be able to give you a pretty good idea of who is entitled to what, pretty quickly.
Answered on Sep 05th, 2015 at 7:02 PM