Looks like a divorce is headed my way after 26 years of marriage. I retired from the navy in 2004 and my wife was with me for all 22 years. Under normal circumstances I believe she is entitled to half my retirement pay however I am currently 100% total (not permanent or unemployability status.) Also I am collecting from social security. My questions are:
1. Is she still entitled to half my Navy retirement even though I’m 100% disabled?
2. Is she entitled to any of my VA compensation?
3. Is she entitled to any of my social security compensation?

Thanks in advance.

First let me welcome you to military.com.

If I were you, I would contact a divorce attorney who is familiar with VA and military divorce entitlements and licensed to practice law in the state where the divorce will be determined. Divorce laws vary greatly from state to state.

No matter what replies you may receive on military.com, please remember is it not legal advice. That can only come from a licensed attorney.

We wish you the very best in this sad matter.

Please keep us posted.

quote:

I retired from the navy in 2004 and my wife was with me for all 22 years. Under normal circumstances I believe she is entitled to half my retirement pay however I am currently 100% total (not permanent or unemployability status.) Also I am collecting from social security. My questions are:

RE: VA Compensation

Your wife is not "entitled" to your VA Compensation benefit. However she may request an apportionment of those benefits. VA will request her to show a financial need, then will ask you for your income and expense information. If the apportionment would result in undue hardship for you, then the VA will not authorize an apportionment.

The controlling VA regulations do not bar the process of "discovery" related to civil court proceedings, and do not protect your benefits from being garnished once deposited into an account.

The gentlemen have spoken, but to be blunt under state law she is entitled to any amount that a court of law might grant her as part of a divorce settlement. Follow Bruce's advice and get good legal counsel.

(Just got off the phone with my dad and here was his situation) Not sure if I can help here or not.... but here goes. My dad divorced his wife of 17 years and he was 80% disabled through the VA with 100% unemployablity. BUT... he also was retired from the Navy. His case went as such... They would not let her touch anything from the VA. They would not let her touch anything from SS. They did say that she was entitled to 50% (state of Texas 10 year marriage ruling) of his Navy Retirement. BUT.... She was also retired from the Navy as a Mustang CDR... so, he was entitled to 50% of her retirement as well. In the end, He kept his, she kept hers. He did say that an attorney is a MUST... without it, "her attorney will walk through you like **** through a short dog".... not my words but his. Hope this helps you out. Best and God Bless!!!

Thanks for the advice. Were currently voluntarily separated (not legally.) In the state of SC you must wait a year before getting a divorce. There may be a chance that we can get back together so I don’t want to jeopardize that by initiating a legal process at this time. I guess my question now: Can I wait till (when and if) she files for a divorce to secure a lawyer or is I a matter of who files first?

I think you want to take some time and talk with an attorney so that you are prepared. Getting back together is a good thing, if it works. Getting a friendly divorce is also a good thing.

quote:

"her attorney will walk through you like **** through a short dog".... not my words but his.

I like Dave_M's post of 25 sep 0850..right on target..

Now with that said..the statement above..confused me..never heard that before..what exactly does that mean or say? and what is a SHORT DOG?

Eres Tu!

Freddy, my buddy, the statement I think means that her attorney will take all that he can very quick. A SHORT DOG, just means that the "blank" does not have very far to go to pass through a short dog.

I am sure you know what is passing through.

Grover