Q: I'm retired military divorcing after 17yrs of marriage. She cheated. Can I protect my pension from her in Virginia?
I recently retired from the service with 20yrs in. I'm also staying the divorce process after 17yrs because she cheated with another man. My VA rating is over 50% meaning in getting 2 payments for retirement. Can the adultery affect her compensation from my retirement? It's my disability compensation protected from the divorce? The other guy is still in the picture and is known to be manipulative, using up "sugar mamas" funds, contributing nothing in return until they leave him or they are dried out. He sees a meal ticket in my wife. I still love her and want to protect her. If I can protect her until he is no longer in the picture, then I will be willing to give her just compensation.
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A:
In Virginia, your military pension can be subject to division in a divorce, regardless of adultery. However, courts may consider adultery when deciding on the division of assets, which could potentially influence the outcome in your favor. It's important to gather evidence of the infidelity to present during the proceedings.
Your VA disability compensation is generally protected from division in a divorce. This means your disability payments should not be awarded to your spouse as part of the marital property.
Given the complexities of your situation, it's crucial to seek legal advice to ensure your interests are protected. Your feelings of wanting to protect your wife are understandable, but it's essential to prioritize your financial security and rights during this process.
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