Family Matters

Resources on divorces, child support, adoption, custody, domestic violence, and estate planning.

Domestic Violence Overview/FAQ

Answers to Frequently Asked Questions (FAQs) about Domestic Violence.
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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!

 

Domestic Violence: Consequences For the Alleged Abuser

Frequently Asked Questions regarding domestic violence and the consequences for an abusive servicemember.
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Uniformed Services Former Spouses Protection Act

FAQs about the Uniformed Services Former Spouses Protection Act and how it can help enforce a Court Order regarding military retirement pay, child support or alimony owed by a service member.
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Divorce In Military Families – How It’s Different & What You Need To Know

Read our popular Frequently Asked Questions (FAQs) page to learn about how divorce and how it's different for military families.
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Benefits at Separation

This is a quick summary of several important benefits. The chart shows whether you may qualify, based on your discharge status.
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Can I Sue the United States if I am Injured while on Active-Duty?

The law about suing the United States government is complicated. Read more information about this Frequently Asked Question here.
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Citizenship for Children Born to Servicemembers Overseas

This article explains citizenship for children born to servicemembers overseas. It includes children whose parents are U.S. citizens and those who are not. It also details how some children can gain U.S. citizenship.
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Domestic Violence: Victims and Survivors

Frequently Asked Questions about Domestic Violence, where you can get help, what the legal process is to get a protection order, and how it could affect the military benefits.
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Waiver of SCRA

The Servicemembers Civil Relief Act (SCRA) provides several protection for active duty military members, including the potential to delay a lawsuit. However, a servicemember might want a case (such as a divorce) to move forward quickly and so they would like to waive that protection. It's possible to do that and you can read here for more information.
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