QUESTION
Is my spouse entitled to my disability check in the event of a divorce?
Asked on Nov 30th, 2011 on Divorce - Ohio
More details to this question:
Is my spouse entitled to my disability check (VA or Social Security) in the event of a divorce? We have been together for 30 years and of that time she was with me for 10 years and 4 months of my 21 years of military service.
5 ANSWERS
I don't know if your spouse will necessarily get any of it. However, it can certainly be taken into account by the court in dividing other assets.
Answered on Dec 03rd, 2011 at 1:05 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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I do not quite understand the "together...30 years" versus the "with me...10 years 4 months". She would not have a right to your disability payment, but she may have a right to spousal maintenance/alimony from you in the event of a divorce after a 30 year marriage/relationship.
Answered on Dec 03rd, 2011 at 12:10 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Clearly, your wife is not "entitled to your disability check". She may qualify for the court to require you to provide financial support for some period of time (i.e. alimony) and your "disability income" is relevant to making that decision. Part of the reason you get either VA or SS is to help support your legal dependents and divorce, by itself, doesn't wipe out all financial obligations for your wife.
Answered on Dec 02nd, 2011 at 11:21 PM
Steven D. Dunnings
She could be entitled to spousal support and she could file for a portion of your social security.
Answered on Dec 02nd, 2011 at 10:13 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Maybe. The Military Divorce Handbook says the following applies: Pursuant to 10 U.S. Code 1072(2)(F)
Answered on Dec 02nd, 2011 at 9:27 AM