Dear Attorneys 9.2.21

Dear Attorneys,

Can VA Disability payments be divided in a divorce? Shouldn’t I be able to keep that?

 

Sincerely,

Disability Distressed

Dear Disability,

Whenever a military member (current or former) goes through the dissolution process, they should ensure that their dissolution agreement complies with the U.S. Office of Personnel Management. Federal law does not allow states to treat VA disability payments as marital property.  Therefore, they cannot technically be divided in a divorce proceeding. However, this is different than military/federal retirement or pension divisions, which have their own guidelines to be followed.

That said, while your disability payment won’t be divided (as in your spouse will not technically get a portion of it), it will count as income when calculations are done for child support and alimony. You should make sure that it is appropriately calculated though, as the VA disability payments are not taxable and thus, the full value will go into your net weekly income figure.

Yes, in general, the yearly assignments Connecticut judges go into effect around Labor Day each year. Not every judge in the state will switch courthouses, but many do. This may mean that the court in which your matter is pending will get a new presiding judge. It may or may not impact your case.  One way in which it can is that a presiding judge may want certain things to be handled, or scheduled differently, so there is a chance you may get a new or different court date.  A different judge may also want to keep closer tabs on some cases, or may try to move matters along more quickly. Overall, you should not be concerned about a large impact as most parties deal with this judicial “change over” during their family law matter.

If you do have additional questions, you should seek the advice of counsel.  Wolf & Shore Law Group is here to make your family law matter easier, not harder.  Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.

Very Truly Yours,

Wolf & Shore Law Group

*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.

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