When a marriage breaks down, disputes often arise over property, finances, and support. In Washington State, the division of property and spousal support are governed by a set of rules that aim to be fair and equitable to both parties. However, complications arise when one spouse is a veteran receiving disability benefits from the Department of Veterans Affairs (VA). These benefits introduce additional complexity to the legal landscape.
Understanding VA Disability Benefits
To delve into the legal issues surrounding VA disability benefits in a divorce, it is crucial to comprehend what these benefits entail and how they function. Disability compensation is a tax-free monetary benefit provided to veterans with service-connected disabilities. This means that the disability was caused or worsened by their military service. The amount of compensation a veteran receives depends on the severity of their disability, indicated by a percentage rating assigned by the VA. For instance, a veteran with a 10% rating would receive less compensation than a veteran with a 100% rating.
VA Disability Benefits and Property Division
In Washington State, the general rule is that all property acquired during the marriage is subject to division, irrespective of who earned or purchased it. This also includes retirement benefits such as pensions and 401(k) plans. However, VA disability benefits are exempt from division in a divorce. Consequently, the non-disabled spouse cannot claim a share of the disabled spouse’s benefits during the property division process.
VA Disability Benefits and Spousal Support
Spousal support, also known as alimony or maintenance, is a payment made by one spouse to the other to provide financial support following a divorce. In Washington State, spousal support is determined based on factors like the duration of the marriage, the standard of living during the marriage, and the financial resources of each party. Nevertheless, VA disability benefits cannot be considered as income when calculating spousal support.
Under federal law, VA disability benefits are not subject to garnishment or attachment. This means that they cannot be seized or withheld by creditors or court orders. Spousal support orders also do not have the power to compel a disabled veteran to pay support out of their VA disability benefits.
Exceptions to the Rule
Although the general rule is that VA disability benefits are exempt from division and cannot be considered as income for spousal support, a few exceptions exist. For instance, if the disabled veteran opts to waive a portion of their VA disability benefits to obtain a larger share of other property, such as real estate or retirement benefits, the waived benefits may be subject to division. Additionally, if the non-disabled spouse is also a veteran receiving disability benefits, those benefits may be taken into consideration when determining spousal support.
Conclusion
Divorce is an intricate process, which becomes even more complex when one spouse is a disabled veteran receiving VA disability benefits. However, by understanding the legal rules surrounding VA disability benefits in Washington State, both parties can navigate the process more effectively and ensure the protection of their rights. If you are going through a divorce and have questions about VA disability benefits, it is advisable to consult with an experienced family law attorney to discuss your options.