G. Best Husband Law | Family Law Attorneys in Northern Virginia and Washington, D.C. 

Bottom line up front: your VA disability compensation cannot be divided in a Virginia divorce. Your military retirement pension can be. Understanding the difference, and how they interact, is one of the most important things you can do before you file. 

VA Disability Compensation Is Protected 

Federal law explicitly excludes VA disability compensation from the definition of disposable retired pay. A Virginia court cannot award your spouse a share of your disability payments. This is not subject to equitable distribution. 

There is an important nuance that catches many veterans off guard. 

The Retirement Pay Offset Problem 

Many veterans waive retirement pay to receive VA disability compensation because disability pay is not taxable. In a divorce, this creates a complication: you are reducing the marital asset the court can divide and replacing it with a protected asset your spouse cannot touch. Your divorce settlement needs to account for this carefully. 

How Military Retirement Is Divided 

Virginia courts use the time rule to calculate what portion of your military retirement is marital property. The formula looks at the years you were married and serving simultaneously relative to your total years of service. 

Payment to your former spouse can be made directly through DFAS if you meet the 10/10 rule, 10 years of marriage overlapping with 10 years of creditable service. 

Survivor Benefit Plan 

The Survivor Benefit Plan allows a former spouse to continue receiving a portion of your retirement after your death. Whether and how to address the SBP in your divorce agreement has long-term financial implications for both parties. 

BAH and Support Calculations 

Basic Allowance for Housing (BAH) is included in Virginia's income calculation for child support and spousal support. Your total military compensation, not just base pay, is what the court uses. 

Working With DFAS Directly 

The Defense Finance and Accounting Service is the agency that actually issues payments to a former spouse under the 10/10 rule. Getting a court order that DFAS will accept and process correctly requires specific language, and a settlement agreement that looks complete to a general practice attorney can still get rejected by DFAS on technical grounds, sending you back to court to fix it months later. This is one of the areas where military divorce experience makes a real, practical difference in how smoothly your case actually resolves. 

Frequently Asked Questions About VA Benefits and Divorce 

What is the real difference between VA disability and military retirement pay? VA disability compensation is a federal benefit tied to your service-connected condition, and it belongs entirely to you. Military retirement pay is compensation for your years of service, and the portion earned during the marriage is treated as marital property that can be divided. 

Can my ex-spouse get a share of my VA disability if I remarry? No. Remarriage does not change how VA disability compensation is treated. It remains protected from division regardless of your marital status after the divorce. 

What happens to the Survivor Benefit Plan if we do not address it in our divorce agreement? Without specific language addressing SBP, a former spouse may lose survivor coverage entirely, or the issue can become a source of dispute later. This is one of the most commonly overlooked details in military divorce settlements. 

Are reservists and National Guard members treated the same as active duty for retirement division? The same general principles apply, but the calculation of years of service and the point system used for reserve component retirement pay works differently than active duty time in service. This changes how the marital share should be calculated. 

G. Best Husband Law serves veterans and military families across Northern Virginia and Washington D.C.

Contact G. Best Husband Law to schedule a confidential consultation today. We will help you move forward with confidence and clarity.