Legal Question in Veterans Law in California

Disability and Divorce

Hello I emialed you once before and I need your help again. I am a 26 year old 80% disabled Veteran. I am currently going through a divorce here in California. For some reason my lawyer and my soon to be ex-wife's lawyer can not find any factual documentation stating if she is or is not entitled to any of my service connected disability compensation money. We were married for only five years and I was only in the Navy for five years and we had no kids together. I would really appreciate it if you can email me some factual documentation on this matter. Thank you for your time , I will be looking forward to hearing from you.


Asked on 4/21/03, 3:35 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Disability and Divorce

in certain circumstances, if you take your disability pay in lieu of "retirement benefits", you may be entitled to keep the proceeds as your separate property rather than community property based on federal law and the supremacy clause dealing with pre-emption of ferderal law over state law. if you can email me more information on your particular situation, our law firm may be able to further assist and/or represent you legally on this matter.

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Answered on 4/21/03, 3:41 am


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