Servicemembers suffering from a disability can elect to receive military disability benefits under Title 10 Chapter 61 U.S.C. Unlike VA Disability Benefits, not all military disability benefits received under chapter 61 are exempt from characterization.
Only the portion of a servicemember’s retired pay that is attributable to the member’s disability rating under Chapter 61 is exempt from characterization as community property.
Example: If a servicemember retires with a 60% disability rating under Chapter 61, 60% of the member’s benefits are exempt from characterization and the remaining is subject to characterization and division by the Court.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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