Divorce

Question:

My husband and I are getting a divorce after 44 years of marriage. I have a 70% disability rating and TDIU. Is he entitled to half of my disability?

Jim's Reply:

Divorce is never that simple. When you enter the court to finalize the divorce the magistrate will have each of you complete financial statements. Your monthly VA disability payments will be added in as real income and any divorce settlement will be made from that or those figures. 
 

Many vets argue that their disability money isn't on the table and that isn't correct. Although our disability money is exempt from taxation, it counts as income when we complete financial statements. Good luck!

Question:

My husband is a 100% disabled veteran that has PTSD and multiple personalities. He is leaving us with nothing. I am disabled and unable to work and we have two kids to take care of. The only money is his disability. I am his fiduciary and don't want to mismanage his money by paying for our house and utilities. What can I do?

Jim's Reply:

If you want to actually settle this as it should be, the family court is the only real answer for you. Unless and until you get all this in front of a magistrate there is nothing anyone can do to provide any real assistance to you. We can talk about what could or should happen but nothing will go forward until you're in court.
 

That you are his fiduciary complicates things...a lot. The very best thing you can do for yourself is to get in touch with a local divorce lawyer and explain what you're up against. Divorce lawyers cost money and you'll be billed but if you ask around I have a feeling you'll find an attorney who will allow you some time to make payments.
 

In the end you really will have to get legal help, either from an attorney or a local legal aid group. I don't see any other option. Good luck.

Question:

I have been paying spousal support from my Air Force retirement pay for 27 1/2 years. My ex wife had her own career and draws her own retirement pay, social security, and part of MY retirement. Is there a way to stop this spousal support?

Jim's Reply:

Yes. You'll need to return to the appropriate court to seek an amendment to the stipulations of the divorce decree that ordered spousal support. Seeking an amendment to an order of a divorce court is pretty common and people will seek either increases or decreases because things change over time.
 

It's been a long time since you divorced so you'll need to determine which family court will have jurisdiction over your divorce and once you've done that you need to have a look at how the state laws of that court will affect amendments to your obligations.
 

This is a good time to shop for an experienced lawyer who can represent you in the court. I'd urge you to invest the money in the fee you'll encounter, there will be a fair amount of math and some obscure law involved and your investment will be well spent.
 

To be clear...nothing can happen without the approval of the family court that has jurisdiction. Divorce decrees are court orders and to modify a court order, you need another court order or you could be in contempt. Good luck!