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I am an honorably discharged Veteran; I was active duty Army from 1997-2001. I was in the National Guard from 2003 until 2013. I am hoping that you are able to provide some clarification concerning VA disability compensation pay and alimony/maintenance.
I was in the Army National Guard and was deployed under OEF from May 2010-July 2011 and OIF from April 2005-June 2006, and that is my only active duty period of service through the National Guard. My ETS date for the Army National Guard was in November of 2013. I was married in July of 2014 and had twin children with my spouse in June of 2016. We became separated in March 2019. I filed a claim for disability compensation in September 2017 with an intent to file date of July 2017. It was rated and mostly promulgated in June 2018 with two issues still deferred. I am currently rated at 100% and I claimed my spouse, the two children from my current marriage and a child from a previous relationship.
I was under the impression that the VA disability compensation pay would be figured in for purposes of child support, which I have no issue with nor would I ever contest. Conversely I was told that that same money would not be calculated for purposes of maintenance/alimony as it could not be construed as a marital asset as she was never married to me while I was in the military; due to the our marriage never overlapping with my military service (there is an 8 month gap), I was told that she would not be eligible for VA disability pay for alimony. I know that VA disability pay is not considered a marital asset, and thus cannot be split, however, it can be used for child support and alimony.
I have read many conflicting articles across the internet concerning the matter. Few, if any, deal with the circumstances in which I find myself in as most deal with Veterans and disability pay/military retirement pay and/or spouses that were married to the Veteran while they were in the military.
Any clarification would be greatly appreciated.
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I am an honorably discharged Veteran; I was active duty Army from 1997-2001. I was in the National Guard from 2003 until 2013. I am hoping that you are able to provide some clarification concerning VA disability compensation pay and alimony/maintenance. I was in the Army National Guard and was de...