questions & answers

Question: I am retired military and was retired medically in 2013. I was active duty 91-94 and national guard time the remainder of the time. I was injured in combat in 2007 and later received an active medical retirement. I do receive some of my compensation from va with the remainder coming from DOD. My spouse who i married in 1999 is wanting my military retirement but it seems im the one with medical issues for life and just doesnt seem to be right. I havent found anything specific to medical retirements and am looking for guidance. Thank you

Answer: Your question does not contain enough specifics to provide a definitive answer, but I can provide you with the following information.  Disability pay is treated differently in divorce than regular military retirement benefits.  The USFSPA states that the retirement benefits that can be divided in divorce are "disposable retired pay."  Generally, disability benefits are not considered disposable retired pay.    The following quote is from a 2018 report to Congress on the subject of former spouses' rights in divorce.  "The FY2003 and FY2004 National Defense Authorization Acts introduced two forms of concurrent receipt that allowed eligible service members to receive both retired pay and certain disability compensation.  These programs are known as Combat-Related Special Compensation (CRSC) and Concurrent Retirement and Disability Program (CRDP).  CRSC is special disability compensation paid to those with combat-related disabilities and a VA disability rating of at least 10%.  Service members must apply for this compensation and it is not taxable.  CRSC is not longevity retired pay; it is an additional form of compensation for certain members of the Armed Forces.  This payments are not divisible as property under USFSPA.  CRDP is automatically paid to those with any service-connected disability that is (1) rated at least 50% or greater by the VA, and (2) have 20 years of qualifying military service or were retired under the Temporary Early retirement act (TERA)."  The document goes on to explain that division under CRDP is a lot more complicated.  I am providing the link to an article so that you can read up on the issue.  Go to https://medium.com/@andersonandboback/military-divorce-series-military-disability-in-divorce-f5a00829fd3b.  This article may explain it more clearly.  However, it would be in your best interest to discuss your specific case with a lawyer who  has experience with military divorce.  Take your disability paperwork with you.