Sometimes a veteran has the right to receive nontaxable military disability and combat pay. If the veteran chooses to receive disability and combat pay, then the veteran must waive his or her retirement benefits. Generally retirement benefits are community property if they were acquired during the marriage. Military disability and combat pay, however, are not considered community property which means that they can not be divided and awarded equally to both spouses in a divorce. In addition, the family law judge cannot offset the loss of retirement benefits by awarding the non-veteran spouse other assets. The family court, however, may consider the veteran spouse’s disability benefits and combat pay as income when calculating spousal support.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as veteran’s benefits or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.