Divorce raises complex questions for veterans and their families, especially when it comes to VA disability benefits and how they’re treated in court and financial orders. While your VA disability compensation is protected in many ways, courts and the VA still consider it income and, in limited cases, may divide it or use portions of it for support payments. Understanding these rules can help you navigate divorce without jeopardizing the benefits you’ve earned.
Overview of VA Disability Benefits and Divorce
| Issue | VA Disability Impact | After Divorce |
|---|---|---|
| Property Division | Not divisible as marital property. | A divorce court cannot split VA disability pay. |
| Child Support / Alimony | May count as income for support purposes. | Courts can consider it when calculating support. |
| Dependent Rate Changes | Compensation includes extra amounts for spouses/children. | VA can pay part of the benefits to dependents in certain states. |
| Apportionment by VA | VA can pay part of benefits to dependents in certain states. | A dependent or ex-spouse can apply for apportionment; limited success. |
| VA Health Benefits for Ex-Spouse | Former spouses generally lose direct VA health benefits. | Some benefits remain only under specific rules (e.g., 20/20/20 for TRICARE). |
1. VA Disability Is Not Marital Property
Federal law clearly states that VA disability benefits cannot be divided as marital or community property in a divorce. This protection comes from the Uniformed Services Former Spouses’ Protection Act (USFSPA) and related Supreme Court decisions, which treat VA disability pay as compensation for service-connected disability, not as an asset to divide.
In practical terms:
- A state family court cannot order half of your VA disability check to go to your former spouse.
- No split of VA monthly compensation can be written into a property settlement.
This protection is one of the strongest federal shields available for veterans’ VA benefits.
2. VA Disability Can Be Used in Support Calculations
Even though the court cannot divide your VA benefit, it can be counted as income for calculating child support or alimony. In other words, while the benefit itself isn’t split, it influences financial support orders.
- Many states include VA disability compensation as part of a veteran’s income pool when determining support levels.
- Because VA benefits are tax-free, some courts adjust income calculations when figuring support payments to make them equitable.
Veterans involved in divorce proceedings should work with counsel familiar with both family law and veterans’ benefits, as the way disability benefits are treated in income calculations can vary by state.
3. Dependent Credits Can Change Monthly Benefits After Divorce
If you had a spouse or dependent children listed with the VA before divorce, your monthly disability payment might include additional amounts for dependents. Once you divorce and update your records, those dependent credits will be removed and your compensation can decrease.
For example:
- Veterans rated 30% or higher get extra compensation for having a spouse or children.
- After divorce, if your spouse is no longer a dependent, that portion stops, reducing your monthly rate.
- It’s important to notify the VA quickly after divorce to avoid overpayments that the VA could later reclaim.
4. Apportionment: When VA May Pay Directly to Ex-Spouse
In very limited circumstances, the VA can apportion disability benefits, meaning it pays a portion directly to someone other than the veteran. Traditionally, apportionment could be used where a spouse or dependent petitioned the VA, especially for financial support cases like child support.
Recent VA rule changes effective February 9, 2026, have limited the situations in which need-based apportionment is granted. However, apportionment still remains possible in a few specific situations, such as:
- The veteran is incarcerated.
- The veteran is institutionalized and incompetent with no fiduciary.
In these cases, the VA can pay a share of benefits directly to dependents who demonstrate need.
For most divorce-related support issues, veterans and former spouses instead rely on state court orders for child support or alimony rather than VA apportionment.
5. Former Spouses’ Eligibility for Military-Related Benefits
While divorce typically ends a spouse’s direct access to VA health and disability benefits, some military benefits may continue for former spouses under certain rules, such as the 20/20/20 rule (20 years marriage, 20 years service, with 20 years overlap). These can include access to TRICARE, commissaries, and exchange privileges, but these are Department of Defense benefits, not VA disability compensation.
For example:
- A former spouse may retain TRICARE or base access if all three criteria are met.
- These benefits end if the ex-spouse remarries (in many cases).
Final Thoughts
Navigating VA disability benefits and divorce involves understanding both federal protections and family law realities. Your VA benefits are robustly protected from property division, but they can still influence support orders and monthly income calculations.
Veterans should:
- Notify the VA promptly after divorce.
- Update dependent status.
- Understand how support obligations may include VA income.
- Consult experienced family law and veterans law attorneys before finalizing divorce terms.
With the right preparation, you can protect your earned benefits while meeting any legal obligations and give both you and your former spouse clarity about financial expectations going forward.
FAQs
Can my ex-spouse get my VA disability payments?
No. VA disability compensation cannot be divided as part of a divorce settlement or awarded as marital property.
Can VA disability be garnished for alimony or support?
Yes, although the benefit remains the veteran’s property, courts often count it as income for calculating child support or alimony obligations.
Does divorce change my VA disability rating?
No. Divorce does not affect your service-connected rating. Only changes to your dependent status can alter the monthly compensation amount.
Can a former spouse get VA health benefits after divorce?
Generally no. VA health benefits are for veterans and dependents currently recognized by the VA. Some military health benefits may be preserved in the event of divorce, but this doesn’t include VA disability health coverage.
What should I do after a divorce?
Submit VA Form 21-686c (or update your VA.gov account) to remove your former spouse as a dependent and prevent overpayments.
