Former Spouse Retirement Portion Gone to Disability

[alvinjb]

I live in Minnesota, but was divorced in Colorado. For fourteen years, I've recieved my portion (awarded in divorce decree) of my ex husband's military retirement pay. This month,nothing came. I found out he has managed to convert all his retirment pay to disability claiming PSTD from Vietnam (he was in maintenance) twenty five years after the fact. I was told by the gal on the phone at finance that this is happening more and more as a way for retirees to get out of honoring their court ordered committment to ex wives as disability pay is not considered community property to divide. His brother has told me this is a scam, but since PTSD can't be proven or disproven, it's normally awarded with no question.

I never knew this could happen. I never remarried and on my salary (low from moving every two years while he was an officer and never developed a career or my own!) I am losing my home, my car, I don't even know if I can afford at age 55 to live with a roommate if I can even find one, can't qualify for a loan to purchase any place to live, have cancelled back surgery because I can't afford the deductible, my mother was moving in with me as she's aged and now she must go to a nursing home which breaks her heart. I had a life!

An attorney tells me I can fight, but it's doubtful I would win as rulings are almost always in favor of the vet. I can't believe this is possible to happen to former spouses. I hear there are some women sleeping in their cars as they have no where to go! Until concurrent pay is awarded through legislation, this will not change. I can't believe life can be this unfair.

Is there another woman out there who has confronted this that has taken it to court or does anyone have any advice? I had faith in the judicial system that awarded me this, basically my future, and it can be so easily taken away?

thanks in advance to anyone who can help.

[Mr. Knowitall]

You didn't obtain a share of his retirement benefits in your divorce?

We're talking here about a spousal support payment that was to continue until when? The only contingency was your remarriage?

[alvinjb]

The retirement pay was considered community property and divisible at the percentage allowed by years of marriage and that being eighteen. It was never called spousal support payment. My payment came directly from the finance office and I was required to pay tax on it. Yes, the only contingency was remarriage and he was required to make monthly payment to SBP for it to continue in the event of his death, which he always did, but has since stopped doing. The VA contends apparently, that the injury occurred before the marriage, thus voiding the marital legal contract as the injury came first. However, the marriage came first before the injury surfaced in my opinion.

I should add for all who ready my post that this "scam" only applies to my situation. When he's told someone "Hey, I can stand in a room and scream with the best of them" I know it isn't legit. That's not to say there aren't thousands actually suffering from PSTD, so if I created the impression I think it's all a scam that's not what I meant. I know it's a real disorder and feel deeply for those suffering from those past events.

With what's happened to me and other women I've heard about because of this, I can understand PSTD because it's just been created in another person. Me!

thanks for the reply.

[kamikake]

Mr. Knowitall: Retirement benefits and VA disability benefits are two completely separate benefits. Retirement benefits can/usually are given at the time of divorce in exactly the manor Alvinjb describes, however VA disability benefits are completely untouchable by spouses. They are non-taxed, non-reported or disclosed payments made directly to the fomer military member as compensation for injuries/illnesses associated with active duty. Most ex's never even know that the VA Disabilty benefits exist. (My husband served 20 years in the Navy and we just went through this with his ex.) This is indeed an unusual case, and one that I would imagine will become more and more prevalent. I would be very interested to see what someone with expertise in this area. Alvinjb: Good luck with everything. Please post back as you find more out.

[Mr. Knowitall]

You missed the boat on the purpose of my questions, but the rest of your comments might be helpful to people who read this thread.

A vested interest in retirement benefits would not ordinarily be contingent (e.g., continuing until remarriage); that's a distribution more in the manner of spousal support. Apparently this was not classified as spousal support, but isn't a grant of a share of retirement benefits divided as a marital asset. At this point, all I can say is have the actual order reviewed by a lawyer, as I don't know what it says and thus cannot interpret it. It may be possible to go after the money after it's distributed, even if you can no longer garnish the source.

[alvinjb]

I'm sorry. Yes, it's clearly defined in the divorce decree that I get a percentage of his "retirement" income until remarriage or death. Like you said, since there in no more "retirement" income, there is nothing to draw on. However, I guess I am very naive as I thought a legal contract awarded in a court of law was binding. My attorney said I can try going after it, but my chances would be slim and the costs would be astronimical.

Thanks for the reply.