Legal Question in Family Law in New York

Divorce and Disability Compensation
One party of a divorce case receives Disability Compensation from the Department of Veterans Affairs for injuries sustained during combat. It has been established that this compensation is NOT subject to equitable distribution (see, Mansell v. Mansell, 490 US 581). The question is, can the disability compensation be used to determine how much, if any, maintenance is awarded to the spouse?

Asked on 6/16/01, 1:38 pm

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Re: Divorce and Disability Compensation

In fixing maintenance, a court may look

at the totality of financial circumstances

including the receipt of monies not

subject to asset distribution

An award of maintenance is not a direct

distribution but could accomplish an

indirect distribution. But this is

dependent upon a review of all other assets

and incomes of both parties, and is not

any cut and dry formula

Answered on 7/03/01, 9:29 pm

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