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Victor_c3

(3,557 posts)
Mon May 28, 2018, 02:02 PM May 2018

Anybody know anything about VA disability, SSDI, and divorce?

My wife and I are getting ready to get divorced. Right now, we have been married for 14 years and, most of that time, my wife hasn't worked. I stopped working around 2015 and my disability payments have been supporting our family relatively well. My wife has a Masters degree and isn't disabled. I'm just curious, any ideas how courts usually rule with dividing up assets like SSDI and VA Disability?

VA Caregiver Stipend: $2,000 (all of this goes to my wife, and I think it'll go away once we get a divorce)
VA disability: $3,200 (I'm rated 100% + my two kids and spouse)
SSDI (myself): $2,200
SSDI (dependant bennies):$1,100
FERS: $600 (Federal employee retirement system disability) My family gets Blue Cross/Blue Shield health insurance from them

From my reading, I believe that VA disability isn't considered a joint asset and isn't divided up by the courts. The same thing with SSDI. I'm not so sure about the FERS. So I believe I'll keep all of my VA disability and my $2,200 SSDI. I'm not so sure about the FERS. I'm pretty sure my wife will get the $1,100 dependant bennefit and that is about it. Given that she isn't considered disabled and I am, I believe that the courts will keep that in mind. She also is 44 (i.e. she has a lot of working years ahead of her).

Any thoughts on what this might look like? Am I totally off with my thinking of how it will go?

12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Anybody know anything about VA disability, SSDI, and divorce? (Original Post) Victor_c3 May 2018 OP
You can call ss and ask them questions. notdarkyet May 2018 #1
Try This Site The River May 2018 #2
I actually am a member of that site, I just don't post that often Victor_c3 May 2018 #7
I Am Too The River May 2018 #8
Each state has a veterans assistance office. Usually one in each county. 3Hotdogs May 2018 #3
yes, great idea Victor_c3 May 2018 #6
This is what your attorney is Sherman A1 May 2018 #4
you're right, but I just don't have any patience Victor_c3 May 2018 #5
Slow Down Bro The River May 2018 #9
I hope it all works out LT TEB May 2018 #10
Honestly, I'm not terribly upset Victor_c3 May 2018 #11
Having a couple plans is smart DashOneBravo May 2018 #12

Victor_c3

(3,557 posts)
7. I actually am a member of that site, I just don't post that often
Mon May 28, 2018, 03:42 PM
May 2018

However, I did post a question on there too. It's under Social Security section. I post as "Victor P" on that forum.


Thanks!

The River

(2,615 posts)
8. I Am Too
Mon May 28, 2018, 06:18 PM
May 2018

It was helpful back in 2010 when I was new to the VA.
The no politics rule keeps me away these days.

3Hotdogs

(13,403 posts)
3. Each state has a veterans assistance office. Usually one in each county.
Mon May 28, 2018, 03:19 PM
May 2018

Call your state representative for the phone number and location.

American Legion also has advisors ,that are qualified to answer questions.

Victor_c3

(3,557 posts)
6. yes, great idea
Mon May 28, 2018, 03:37 PM
May 2018

There is one at my local VA. I'll stop by and chat after my daily appointments tomorrow.

Thanks!

Victor_c3

(3,557 posts)
5. you're right, but I just don't have any patience
Mon May 28, 2018, 03:36 PM
May 2018

it's memorial day weekend and my wife mentioned divorce to me on Friday night. I'll figure more out tomorrow.

The River

(2,615 posts)
9. Slow Down Bro
Mon May 28, 2018, 06:29 PM
May 2018

It's going take a long time to go through
the process depending on State law.
Pass it up the chain and let the legal pro's
do their thing. Most VSO's don't have the legal knowledge.
The courts can be ignorant of VA rules.
Secure your perimeter and wait for the inevitable incoming...

Victor_c3

(3,557 posts)
11. Honestly, I'm not terribly upset
Tue May 29, 2018, 11:01 AM
May 2018

I feel lik It’s been coming for a while, so it’s not really a surprise. In the back of my mind I’ve had a couple of different plans in my head about what my life would look like if I was single and now I can make those happen.

I’ve always wanted to build a cabin in the woods in the Adirondacks, where I grew up. So I think I’ll do that. Except that I want to be close to my kids, I’ve also daydreamed about traveling the world for a couple of years and basically going with whatever I can fit in a backpack. I might spend some time in Asia and South America. I’ll have to see.

DashOneBravo

(2,679 posts)
12. Having a couple plans is smart
Thu May 31, 2018, 05:04 PM
May 2018

Helps with your morale and keeps the mind always in the mission mode.

I agree with going slowly

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