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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

  1. 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

  2. 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.

  3. 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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