Currently many states allow (or direct) that VA disability payments be included in calculations as disposable income for the purpose of determining alimony. This practice should be specifically prohibited by federal law the funds are compensation for a loss suffered as a result of service by the disabled veteran. The disability which is the source of the income cannot be equitably divided (e.g. the divorcing spouse cannot be ordered to surrender a replacement eye or limb as an offset) so the resulting compensation for the loss should not be divided either. The current statute, Title 38 U.S. Code, Section 5301(a), which should provide this protection is either misconstrued or blatantly ignored by individual states and includes no enforcement. Please help protect our disabled vets.



