Chicago, IL asked in Divorce and Military Law for Illinois

Q: Ex spouse/mil pension/VA disability

I retired in 2018. I receive VA disability pay for an 80% rating. I also receive a military pension. As part of a divorce, I must pay 40% of my gross mil pension to ex spouse. Is it possible to waive mil pension in exchange for exclusively receiving VA comp in order to discontinue paying out to ex spouse? If so, will that amount be an additional amount to my current disability payments? I am in IL.

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1 Lawyer Answer
Sabra M. Janko
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  • Military Law Lawyer
  • Colorado Springs, CO

A: If you are above a 60% rating, then you receive concurrent payments. You receive your disability and your retirement. You can not waive the retirement portion to receive disability above what you are already receiving.

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