Moreno Valley, CA asked in Family Law for California

Q: I'm a VA disability recipient at 100% does spouse get that money for spousal support

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: VA disability benefits are not considered community property, but are considered income for purposes of calculating support.

Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: The reasoning is a little tricky on this. Your VA compensation is not a benefit that your spouse can get a portion of, it is entirely your separate income/property.

That being said, if support, either child or spousal, are issues the court will count the amount of your VA award as non- taxable income and can use the result to enter a support ward should there be one warranted.

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