If you’re a veteran navigating the complexities of divorce, you may wonder: Is my ex-wife entitled to my VA disability benefits? Whether you receive benefits from the U.S. Department of Veterans Affairs (VA) or live in Virginia (VA), the intersection of family law and veterans’ benefits can be confusing. Let’s clarify this important question: Can your ex-spouse claim a portion of your VA disability compensation during a divorce in Virginia?

Jump to a Section

What Are VA Disability Benefits?

VA disability benefits are compensation paid to veterans who were injured or became ill due to their military service. These payments are designed to support veterans and their families, helping them maintain a reasonable standard of living despite the challenges of disability. According to 38 U.S.C. §5301(a)(1), VA disability benefits are protected from creditors—meaning they generally cannot be seized for debts. However, this protection doesn’t always extend to family support obligations, such as spousal support (alimony) or child support.

Can VA Disability Benefits Be Considered Income for Spousal Support?

Here’s the critical distinction: While VA disability benefits cannot be divided as marital property in a divorce, they can be counted as income when calculating spousal or child support. This was firmly established by the Supreme Court of the United States (SCOTUS) in the landmark case Rose v. Rose (1987). The court ruled that VA benefits serve a broader purpose of familial support, meaning your ex-wife can claim a portion for spousal support.

In Virginia, the case Lambert v. Lambert (1990) reaffirmed this principle: VA disability benefits are considered income for determining support obligations.

VA Disability Benefits and Property Division in Divorce

Here’s the good news for veterans: Your VA disability compensation cannot be split as marital property during divorce proceedings. This was decided in Mansell v. Mansell (1989), where SCOTUS ruled that federal law protects VA disability benefits from being divided as property in a divorce.

In plain terms:

  • Your VA disability income is protected from property division.
  • It can still be used in calculating spousal or child support.

So while your ex-spouse may not be able to claim half of your disability check as a marital asset, she can receive a portion of your income through support payments.

How Virginia Law Defines Income for Support Purposes

Under Virginia law, income for calculating spousal or child support is defined broadly. According to the Virginia State Bar, “gross income” includes almost all forms of income, such as:

  • Salaries, wages, commissions, and bonuses
  • Pensions and retirement benefits
  • Royalties and dividends
  • Trust income and annuities
  • Inheritance and gifts
  • Capital gains and severance pay
  • Social Security and disability benefits
  • Veterans Affairs Benefits

Yes, you read that right—your VA benefits are part of your gross income when determining spousal or child support. The court will assess your total income from all sources and calculate your support obligations accordingly.

Important Court Cases That Set the Precedent

Here’s a quick overview of the key legal cases shaping this issue:

Case Name
Year
Summary
Rose v. Rose
1987
VA benefits can be used for spousal/child support.
Mansell v. Mansell
1989
VA benefits cannot be divided as marital property.
Lambert v. Lambert
1990
Virginia case confirming VA benefits count as income.

What Should Veterans Know About Divorce and VA Benefits?

If you’re facing divorce in Virginia, remember:

  • Your VA disability benefits are safe from property division.
  • Your VA benefits are considered income and may be used to calculate spousal or child support.
  • Every case is unique—consult an experienced military divorce attorney to protect your rights and understand your obligations.

Contact a Trusted Military Divorce Lawyer in Virginia

Divorce is complex—especially for veterans. At The Firm for Men, we have been part of many military divorce cases and understand the unique challenges veterans face. If you have questions about your VA disability benefits and how they impact your divorce, contact us today. We’ve been proudly serving the Hampton Roads area, including Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, and Newport News, for nearly 20 years.

Call us at 757-383-9184 to schedule a consultation. Let us help you navigate the legal system and protect what you’ve earned.