As mentioned earlier, VA disability is not a divisible property in divorce, so neither the ex-spouse nor their attorney could touch it and make money out of this VA pay. Yes, it can be considered as income for support purposes, but may not be garnished unless they are paid to the military retiree who has waived part of their retirement to get VA benefits.


The ex-spouse can only get “a piece of your veteran’s benefits” if the veteran waived part of their retirement pay; and if the judge “lets it happen” under that context, then he or she is just acting in accordance with federal law. But if the judge made a mistake and issued an incorrect ruling, then the other party can file for an appeal to “correct” the judge’s mistake.