Division of income on divorce.

[Doug Johnson]

Jurisdiction

Arizona

Greetings -

Facts:
RA my wife gets around $1400/mo ss retirement. She is 72yo. She also has a retirement account with $320,000 in it as of last month.
I get $1900/mo ss retirement plus $3600 a month from the Veterans Administration as I am 100% disabled veteran.

I've read on the VA page that none of benefits for 100% disability can be touched during a divorce according to law. Also, that SS benefits are also excluded from consideration.

Is this true and are there any exceptions to this. My wife is currently struggling with her walking, uses a walker but otherwise is fully functional. Thanks for your help.

Doug

 

[adjusterjack]

According to this attorney's website you are correct about your SS retirement benefits.

Learn About Arizona's Complex Community Property Laws! (hildebrandlaw.com)

However, I'm not entirely sure about your veteran's disability benefits.

ARS 25-530 prohibits considering federal disability benefits when awarding spousal maintenance.

Arizona Revised Statutes § 25-530 (2022) - Spousal maintenance; veterans disability benefits; definition :: 2022 Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia

Arizona law considers all property (including money) obtained during the marriage as community property.

You should consult an attorney and NOT rely on anything posted by the VA. I'm a vet and get my health care from the VA. The VA gets so many things wrong.

Though, why be so concerned about your disability income when you are entitled to half of her 401(k) balance?

 

[Doug Johnson]

According to this attorney's website you are correct about your SS retirement benefits.

Learn About Arizona's Complex Community Property Laws! (hildebrandlaw.com)

However, I'm not entirely sure about your veteran's disability benefits.

ARS 25-530 prohibits considering federal disability benefits when awarding spousal maintenance.

Arizona Revised Statutes § 25-530 (2022) - Spousal maintenance; veterans disability benefits; definition :: 2022 Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia

Arizona law considers all property (including money) obtained during the marriage as community property.

You should consult an attorney and NOT rely on anything posted by the VA. I'm a vet and get my health care from the VA. The VA gets so many things wrong.

Though, why be so concerned about your disability income when you are entitled to half of her 401(k) balance?

You have confirmed what I have researched around the internet. Thanks for the help. Helps a lot.