How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33103
Experience:  16 yrs. of experience including family law.
11181181
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I am a veteran. I am divorcing my wife since she was unfaithful

Customer Question

I am a veteran. I am divorcing my wife since she was unfaithful to me, twice. I only recently filed for disability and have not yet received my disability award. She is telling me she is entitled to half of my back-pay check when it comes in. Is this true?
Submitted: 3 years ago.
Category: Family Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

NO...no...it is not true. At least, it is not "automatic" that she get any of your retro payment. Texas is a community property state and this disability money is for your injuries and is not considered community property.

That said, the court CAN consider this money as property if it were to award support.

So, for example, if she were to go to court, and get alimony, the court could consider your VA compensation as income in deciding alimony.

But if you are divorcing her for cause, for adultery, the court will not likely award her alimony

Bottom line: your va disability is not community property...she gets none of the retro check.



Related Family Law Questions