May I receive my ex’s VA Disability Benefits in my Virginia Divorce?
While you can't receive your ex's VA disability benefits in your Virginia divorce, you can still receive a portion of your ex's military retirement pay.
In the past, a military member had to waive all or a portion of his non-disability pay to receive VA disability benefits. Former spouses who were only eligible to receive the non-disability portion of the ex-husband's retirement pay were left with little recourse. When the military member would waive his non-disability retirement pay, former spouses' settlements after a military divorce in Virginia were severely limited.
The National Defense Authorization Act in 2004 changed some of this with what is known as Concurrent Retirement and Disability Pay (CDRP). This meant that military members who had to waive non-disability pay in order to receive VA disability benefits could now have military retirement payments restored.
With the CDRP and the potential lifting of the VA waiver requirement, you may now be eligible to receive military retirement pay after your military divorce in Virginia.
Fortunately, there are laws that protect the interests of former spouses of military members, and the laws surrounding VA disability benefits may be changing in your favor. Weeding through all the military stipulations involving disability benefits can seem like a daunting and confusing task, though.
You'll want to speak with an experienced Virginia divorce attorney who can help pinpoint the regulations that specifically affect you during your military divorce in Virginia, and help make sure that you don't overlook vital information that could affect your financial future.
Contacting a Virginia Divorce Attorney
Throughout your military divorce proceedings, you'll naturally have a lot of questions specific to your circumstances, including those surrounding military benefits. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.
The Virginia divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.