Is your spouse entitled to your VA pension in your divorce?

On Behalf of | Aug 2, 2023 | Divorce |

A divorce raises several questions about the division of assets and property. For military veterans, one important question revolves around their VA pension. This concern is especially important for people in states like Tennessee that follow the equitable distribution law for property division in divorce cases.

A VA pension, a benefit for wartime veterans with limited or no income, often serves as vital support for veterans. However, this benefit can become a contentious point during divorce proceedings. Understanding how divorce affects it can add clarity to these uncertain times.

VA pension division in a divorce

In Tennessee, the law treats VA disability compensation differently from VA retirement pay. VA disability compensation usually stays as separate property and doesn’t undergo division in a divorce. On the other hand, Tennessee law considers VA retirement pay as marital property, making it divisible between spouses in a divorce. The court can also view VA disability compensation as a source of income when deciding on alimony or child support.

VA pension as marital property

Courts generally do not consider VA pensions as marital property, and they typically remain untouched during a divorce. However, specific circumstances of each case can influence this outcome. For example, the court may examine the length of the marriage, how much of the pension accrued during the marriage and how many joint assets you purchased with the pension.

Influence on alimony and child support

Tennessee courts may use VA pensions as income when calculating alimony and child support payments, even if it is your only source of income. The goal is to ensure fair financial support for spouses and children involved after the divorce.

A divorce is a stressful time, full of many changes in your life. Knowing what may happen to your VA pension during your divorce can help you better navigate so that you can plan for your future post-divorce.


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