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Am I entitled to wife's VA disability benefits in divorce from when we were married?

Seattle, WA |

My soon to be ex wife was awarded VA disability 2 months ago and received a check which dates back from last year when she was discharged. She's refusing to give me a penny, (I have physical custody of our daughters). Is this legal? I'm thinking since we were still together until about 3 weeks ago, those benefits are community property, am I right?

Attorney Answers 3


VA disability is not community property. But you can get an apportionment which would be direct payments from the veterans administration for child support if she is not paying

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Mr.Busby's answer is spot on. They are not community property. However, as custodial parent you may have rights if she is not paying her child support. Speak to a local divorce lawyer.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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I agree with the advice of my colleagues. Your best bet is to contact a local family law/divorce attorney. Good luck.

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