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What is a spouses monthly entitlement amount if the living

 
psimmons's Avatar
  • Answered by:psimmons
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Customer Question

What is a spouse's monthly entitlement amount if the living veteran receives $3,000 a month or what % of the living veteran's share should the spouse receive?

 

Optional Information:
Country relating to Question: United States
State (if USA): Mississippi
What have you tried so far?: So far he gives me $300 of his $3,000. He has started outragous spending on the power ball lottery in Tennessee. So I am trying to figure out how to get more money from him to put more in savings. He saves a little each month but not as much as he could. Please Help. Gloria

Submitted: 232 days and 7 hours ago.
Category: Military Law
Value: $40
Status: CLOSED
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Expert:  psimmons replied 232 days and 6 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

What money are you referring to?

Is this retirement from the military or compensation for a disability from the VA?

Customer replied 232 days and 6 hours ago.

The $3,000 is for a disability from the VA.


 


 


 


 


 


 


 


 


 


 


 


 


 

Accepted Answer

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Expert:  psimmons replied 232 days and 6 hours ago.

THanks

SO good and bad news here (from the standpoint of the spouse).

Bad news first...if you were to divorce, the court is not allowed to divide up that VA compensation payment. They court can consider it to decide if there should be spousal support...and some will, while others will not. But the court can not order the VA to pay you any of that money.

But the good news is the VA can pay you part of that money directly. So long as you are married, the VA can pay you a portion of his pension. The process is called "apportionment" and you can apply for this yourself. You do so by filing VA form 21-534. If you can show that your spouse is receiving compensation money based on his Marriage to you, and is not not properly supporting you, the VA can, and often will, divide his compensation and pay you a portion.

Now, filing for this is a bit complex...you have to show the VA why you deserve the money. But a competent Veterans Services Officer can help you.

You can find yours here

http://www.vab.ms.gov/files/csolist.pdf

Contact your VSO and let them help you file this

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 98.0 %
Accepts: 10147
Answered: 8/16/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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