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– from Matthew B. in Whitefish Bay, WI

Question Details:

Upon our divorce, my wife was awarded 50% of my retirement pension from the military. She collects when I do. However, I have opted to receive a portion of my benefits in disability payments from the V.A. Even though these payments are considered disability payments, is she still entitled to her award of 50%?

Family Law Attorney Response:

I would honestly need more information to go on in order to give you the most accurate response. However, based solely on your question, it is possible. I do not know the likelihood of this happening without more detail, but the courts may decide to allow this.

This is demonstrated in the case of Loveland v. Loveland 147 Wis. 2d 605, 433 N.W.2d 625 (Ct. App. 1988). In this case, the wife was awarded 1/4th of her husband’s military pension. He opted to receive a portion of his pension as disability from the Veteran’s Administration. He appealed this decision, but the court of appeals affirmed.

My advice is to contact an attorney right away and discuss the specifics of your case in further detail.

Dan Exner, J.D.

Family Law Attorney

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Sterling Law Offices, S.C.
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