does my spouse have to claim my workers disability pension on his income tax return
In a divorce, a spouse may be entitled to a portion of the other spouse's disability benefits, depending on various factors such as the state laws and how the benefits were acquired. Generally, if the disability benefits are considered marital property, they can be divided as part of the divorce settlement. However, some types of disability payments may be classified as separate property, which could affect their divisibility. It's important for individuals to consult with a lawyer to understand their rights and options in their specific situation.
United States Code, Title 38, Section 5301, Non assignability and exempt status of benefits, reads in part;Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.It is my understanding that a veteran's service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty. This compensation is not an asset or property and should not be used to calculate a veterans net worth. Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt and is not classified "income" by the IRS. VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever. Even after the veteran has deposited these funds into their personal bank account they are federally protected from attachment or seizure. Disability compensation belongs solely to the disabled veteran that has suffered the disability and therefore should not be used to calculate income.VA monetary benefit entitlements with are generally based on either the veterans disability or wartime service from service-connected injury or disease. Compensation is generally not considered remuneration (payment) for employment.However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.I would look for a organization call "Operation Firing for Effect" They are fighting to support Veterans rights and have been dealing with such cases. Their website is http://www.offe2008.org/. I hope that answers your question.
The Department of Veterans' Affairs, commonly called the VA. Yes, medical and disability benefits can be granted to a spouse. The spouse must need Aid & Attendence and can receive up to $140 a month. Also the DVA can grant (on a space available basis) health care in one of its hospitals. If the Veteran is rated 100% P&T or 100% IU, the spouse and children are entitled to CHAMPVA (if the veteran isn't a uniformed retiree - there are seven services USPS, NOAA, Army, Navy, MC, USCG, and USAF).
Generally, a spouse cannot be buried in a veterans cemetery unless the veteran is deceased. However, some veterans cemeteries may allow for the burial of a spouse if the veteran has been declared legally incapacitated or if specific circumstances apply. It's best to check with the specific cemetery for their policies and eligibility criteria.
Your spouse's income is not a factor.
yes, if qualified
No, but the court can.
They can be denied unless they have a disability.
Don't see why she would, but maybe she will.
As far as I know, there is a strict limit as to how much money you can earn and still receive 100 percent disability. I have heard that even working a part time job could put you over the limit. This goes for anyone rated 100 percent or anyone at 60 percent or higher who has been classified as "unemployable."
if my ex spouse dies can i receive benefits on his SS if i am disability