Does a spouse still receive veteran's benefits after divorcing?


Q: If my mother is caring for my father and they are divorced, is she still eligible for compensation through his Veterans benefits?

A: Under the Uniformed Services Former Spouses Protection Act (USFSPA) enacted in 1982, a state court is permitted to award a percentage of the service member's pension to the former spouse.

If they had been married for at least 10 years, then the former spouse may also apply to the federal government to receive the payments directly from the Defense Finance and Accounting Service. By the way, remarriage of the former spouse does not affect the payments.

For more detailed information on this topic, see the USFSPA Legal Overview.

K. Gabriel Heiser is an attorney with over 25 years of experience in elder law and estate planning. He is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson.

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I do not agree with the above answer. Veterans benefits are not Defense Finance and Accounting Benefits(DFAS). That is military , VA is not. I am a female veteran, I am a widow of a retired military veteran and I am a Veterans Service Officer of 16 years. Please visit a County or State Veterans Service Officer for free advice and assistance with applying for any VA benefits.