I just retired after 21 years and I was married the entire time. I decided to leave my spouse and I understand she'll get half of my retirement, but does she rate half my disability as we'll? I was rated over 50% and did 20+.... Please guide me in the right direction



I am sorry to hear that things are not going well.

Getting a divorce is a major life event that is definitely not a "one size fits all" type of subject and as such is not something that should be handled without legal advice from a qualified lawyer.

That said, I have some LINK(s) that might help you in answering some of your questions.

1.  USAA Topics Concerning Divorce


2.  USAA Help With Divorce


3.  DFAS Former Spouses' Protection Act - FAQ  **External Link


4.  DFAS Former Spouses' Protection Act - Legal Overview **External Link


5.  VA Disability Compensation and Divorce – Facts and Fallacies (PDF) **External Link



BOTTOM LINE (Quote from Link #5 above):


4. Q. Is there a loophole in the law that allows the judge to consider my ex-husband’s VA disability compensation as a divisible asset in a divorce?


A. No. Federal law – in particular, the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C.1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.


**Note: VA Disability Compensation may be considered as a source of income in in determining the amounts in the award of child support or alimony (see Paragraph 7 and Paragraph 8 in Link #5 above).



I hope this helps you (and others).