Military disability benefits can be misunderstood not only by spouses or former spouses, but also by some attorneys. It's very important to understand the financial ramifications for a former spouse if a military service member retires on disability or partial disability so that he or she does not receive the amount of "retired pay" that was relied upon when drafting a judgment of dissolution or judgment of divorce. Mistakes can be costly. See especially items number 18 through 20 in a handout (link below) prepared to help lay people and lawyers protect former spouses when distribution of a military pension will be included in a divorce judgment.
Thanks for the heads-up from Deanne L. Bonner of the law firm Bonner Di Salvo PLLC about the recent revision of the NCLAMP handout regarding military disability benefits. The Legal Eagle handout, VA Disability Compensation and Divorce – Facts and Fallacies, was written by Mark E. Sullivan, Col., Ret., a member of the Military Committee, ABA Family Law Section.
Mr. Sullivan is also the author of The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families, Second Edition, (Am Bar Assn 2011). There are discounts available for members of the ABA.