Legal Question in Family Law in North Carolina
What am I entitled to?
Unfortunatly my marraige is not going to survive, but I need to know...My husband is a veteran and he started having health issues. I encouraged him to look into VA benefits and did some research for him. It has been three years now and he hasn't been approved nor has he been denied. We have been together for 7 yrs, maried 1 1/2, he left me , and now has had medical issues which will likely assure him of obtaining benefits. My question is.....am I entitled to any of these benefits?? i would rahter have my marraige saved. I only want what i am entitled to for having researched and kept on top of him to keep on top of the VA. We are not legally separated nor are we divorced. He is currently hospitalized and I have no idea what information he gave them as far as his marital status. Again, i would rahter have had my marraige but if not am I entitled to any of his benefits??? Thank you for taking the time to anwer my question.
2 Answers from Attorneys
Re: What am I entitled to?
In 1982 Congress enacted the USFSPA. This law provides some financial protections to certain former spouses of veterans and servicemembers. Under this law, military disposable retired pay may be treated as marital property upon divorce. In the divorce, the benefits will have to be awarded as marital property.
You may want to consider meeting with an attorney to draft a separation agreement. In the agreement you would write out how the veteran's benefits and retirement would be divided between you. This would require the cooperation of your husband, but it would also potentially save you both time and the added cost of waiting to work out these issues in front of a judge at the courthouse.
If you find that a separation agreement is something that you would like to consider, please feel free to contact me through my virtual law office at www.kimbrolaw.com. I provide clients with separation agreements and assist them will filing no-fault divorces in counties throughout NC.
Re: What am I entitled to?
In 1982 Congress enacted the USFSPA. This law provides some financial protections to certain former spouses of veterans and servicemembers. Under this law, military disposable retired pay may be treated as marital property upon divorce. In the divorce, the benefits will have to be awarded as marital property.
You may want to consider meeting with an attorney to draft a separation agreement. In the agreement you would write out how the veteran's benefits and retirement would be divided between you. This would require the cooperation of your husband, but it would also potentially save you both time and the added cost of waiting to work out these issues in front of a judge at the courthouse.
If you find that a separation agreement is something that you would like to consider, please feel free to contact me through my virtual law office at www.kimbrolaw.com. I provide clients with separation agreements and assist them will filing no-fault divorces in counties throughout NC.
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