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Married 29 years is wife entitle to My Disability monthly…

Customer Question
Married 29 years is...

Married 29 years is wife entitle to My Disability monthly allotment that I have been receiving for the past 2 years of or marriage?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No just rumors from other veterans that spouse can not get part of my monthly allotment for Vietnam injuries

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am also retired with a pension for police department and we were married for only 22 months before starting this divorce I am the Plaintiff

Submitted: 9 months ago.Category: Military Law
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Answered in 5 minutes by:
11/15/2017
Military Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 13,914
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Military Lawyer: legalgems, Lawyer replied 9 months ago

To be clear this is veteran disability pay?

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Military Lawyer: legalgems, Lawyer replied 9 months ago

While 38 USC 5301(a)(1) exempts veteran's disability pay from ordinary creditors, the US Supreme Court case, Rose v Rose stated that this does not apply to court orders requiring a party to support their family.

Please see Here

However, this does not extend to property division during a divorce; disability pay is not to be divided as property; please see here

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Military Lawyer: legalgems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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