Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
    • Division of Military Retirement
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
    • Survivor Benefit Plan (SBP)
    • Military Family Support
    • Former Spouse Military Benefits
    • Garnishment of Military Pay
    • Servicemembers Civil Relief Act (SCRA)
    • Domestic Violence
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • Paternity & The Military

VA Disability & Divorce

  • VA Disability

When a servicemember retires with disabilities, the Department of Veterans Affairs will pay compensation, known as VA disability, depending upon the disability rating.

The advantage to the servicemember is that VA disability payments are not taxable. Furthermore, since they are excluded from the disposable retired pay, Colorado divorce courts cannot, strictly speaking, divide the disability payments (the reality may be different, however, as explained herein).  Also, tax-free should not be confused with invisible for any purpose - VA disability payments count as income for the purpose of calculating child support and maintenance.

 

VA Disability Payment Rates

The VA awards a disability rating, which, along with the number of family members, determines the amount of the servicemember's.  As an example, as of December 2007, a married servicemember with one child and a 70% rating receives $1332 per month in VA Disability payments.  See VA Compensation & Benefits Rate Tables to look up the disability payment amounts.

The disability rating is not the percentage of retirement which is converted to disability.  The rating, e.g., 70%, is used strictly to determine the dollar amount of the disability payment, and all veterans with the same rating and same number of family members will receive the same amount, regardless of their rank at retirement.

 

More Information

Concurrent Receipt & Disability Pay, on the DFAS web site.

Concurrent Receipt (CRDP) Pay Computation.  A chart to calculate the restoration of the VA Waiver during the phaseout period.

  • VA Waiver of Military Retirement
  • Indemnity for VA Waiver
‹ Direct Retirement Payments from DFAS up VA Waiver of Military Retirement ›
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Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).  Login