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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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I have been married 45 years. We have separated and I'm

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Hello,
My name is ***** ***** I have been married 45 years. We have separated and I'm planning to divorce. My husband served 6 weeks in Viet Nam in 1966. Two years ago he was granted 100% disability due to agent orange. He receives a monthly check for 3400.00. He has told me that I cannot get any of the VA disability money. I live in California. I have been looking on computer and I saw where the Va disability cannot be counted as community property. What I am confused about is I also saw that the judge could award some of the disability pay for spousal support. I would like to know for sure if it can be used for spousal support?
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You are correct on both counts, and it can be a bit confusing. VA disability is not treated as a shared asset, so it can not be divide as a community property shared asset. However, there are other means for a court to use it. The court CAN order spousal support and consider the VA disability as a means of income, in order to know how much could be afforded by the veteran. The Supreme Court has addressed this issue and refused to overturn a determination by a state family court finding that an award of child support was ok.

https://supreme.justia.com/cases/federal/us/481/619/

Nearly every state, California included, has extended that determination to including VA disability when calculating spousal support too.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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