My wife and I recently divorced. I receive retirement from the Army, which I have no problem giving her half of.
I also receive monthly disability from the VA and a social security check for disability. Is she entitled to any of that?
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning divorce.
Whether your wife would be entitled to a portion of your social security payments in the event of a divorce depends on several things. The court will look at the income of each of you as well as each of your ability to earn income. They will look at whether she also receives social security or income from another source.
The court will look at the standard of living that was enjoyed by you and your wife during the course of your marriage; each party is generally entitled to continue to live with the same standard of living as much as possible. That may mean that you have to pay alimony to your wife if she has less monthly income than you do – so that she can also continue to live comfortably.
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.