When it comes to divorce proceedings and the division of assets, military pensions can often be a significant point of contention, especially for couples who have spent many years together. As Jane from JWB Family Law discusses in her latest vlog post, one crucial factor to consider is when the military spouse has been awarded 100% disability by the Department of Veterans Affairs (VA). In such cases, the dynamics of pension division can change dramatically.

When a court orders the division of a military pension through a Qualified Domestic Relations Order (QDRO) specialist, the non-military spouse typically expects to receive a portion of that pension to secure their financial future in retirement. However, when the military member is granted 100% VA disability, they have a unique option available to them. Instead of receiving a portion of the pension, they can opt for lifetime disability benefits. This choice can leave the non-military spouse without their expected property interest in the pension, potentially affecting their retirement plans significantly.

It’s essential for individuals in this situation to be aware of the percentage of disability their spouse has been granted by the VA. This knowledge allows them to inform their attorney effectively, enabling them to negotiate better in case the military spouse chooses the disability benefits over pension division. If you’re a current or prospective recipient of a military pension, seeking guidance from a Family Law attorney experienced in military pension matters, such as JWB Family Law, is highly advisable. By doing so, you can navigate these complex issues and make informed decisions about your financial future. To learn more, book a FREE family law consultation today by calling (619) 234-6123 or visiting or clicking here.