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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34756
Experience:  16 yrs. of experience including family law.
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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: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 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. 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.