VA Disability Pay and Divorce in Georgia: What Can Be Divided

November 10, 2026 · By Scot Sikes

Quick answer: A Georgia court cannot divide VA disability compensation as marital property. Federal law lets states divide only “disposable” military retired pay, which excludes retired pay a veteran waives to receive VA disability. Under Howell v. Howell (2017), a state court also cannot order a veteran to reimburse a former spouse when a later VA waiver shrinks the former spouse’s share. But VA disability can still be considered as income when a Georgia court sets child support and alimony.

This is one of the most misunderstood issues in military divorce, and the stakes can be large for both spouses.

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Why VA Disability Is Not Divisible Property

The Uniformed Services Former Spouses’ Protection Act allows state courts to treat “disposable retired pay” as marital property. In Mansell v. Mansell (1989), the U.S. Supreme Court held that retired pay a veteran waives in order to receive VA disability benefits is not part of disposable retired pay, so it cannot be divided. Georgia courts follow that rule. See our guide to dividing military retired pay.

The Howell Problem: Waivers After the Divorce

A veteran who retires and later receives a VA disability rating usually waives part of retired pay to receive the tax-free disability pay. That waiver reduces the disposable retired pay, and the former spouse’s share drops with it. In Howell v. Howell (2017), the Supreme Court held that a state court cannot order the veteran to indemnify, or reimburse, the former spouse for that loss.

Because of Howell, a former spouse who is counting on a share of retired pay should plan for the possibility that it could shrink. Settlements can account for that risk in other ways, for example by adjusting how other property is divided or by addressing alimony. These terms need careful drafting.

VA Disability Can Count for Support

Even though VA disability cannot be divided as property, the Supreme Court held in Rose v. Rose (1987) that state courts may consider veterans’ disability benefits when setting child support. Georgia’s child support guidelines count income from many sources, and Georgia courts may also consider a veteran’s total financial resources, including disability pay, when deciding alimony under O.C.G.A. § 19-6-5.

Combat-Related Special Compensation and CRDP

Some retirees receive Combat-Related Special Compensation (CRSC) or Concurrent Retirement and Disability Pay (CRDP). CRSC is generally treated like disability pay and is not divisible. CRDP restores retired pay and is treated differently. The type of payment matters, so get the retiree’s pay statements and VA award letters early in the case.

What to Do in Your Case

Gather the retiree’s DFAS retiree account statement and VA rating decision.
Ask whether a disability claim is pending or likely in the future.
Account for the Howell risk in the overall settlement, not only in the retirement clause.
Remember that disability pay can still count toward child support and alimony.

Talk With Scot Sikes

If VA disability or a waiver of retired pay is part of your divorce, Scot Sikes can explain how it affects the property division and support in your case. Consultations with Scot Sikes are $200. Call 706-494-6900 or send the office a message to schedule.

Frequently Asked Questions

Can my ex-wife get part of my VA disability in Georgia?

Not as property. Federal law bars state courts from dividing VA disability compensation in a divorce. But a Georgia court can consider it as income when setting child support and alimony.

What happens to my share of military retirement if my ex gets a VA rating later?

The share may shrink, because retired pay waived for VA disability is not divisible. Under Howell v. Howell, a court cannot order the veteran to reimburse the former spouse for that loss.

Does VA disability count as income for child support in Georgia?

Courts may consider it. The U.S. Supreme Court held in Rose v. Rose that states may consider veterans’ disability benefits when setting child support.

Is CRSC divisible in a divorce?

Combat-Related Special Compensation is generally treated like disability pay and is not divisible as property. CRDP is treated differently, so identify which payment the retiree receives.

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About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.

Last updated November 2026. Sources: 10 U.S.C. § 1408 (Uniformed Services Former Spouses’ Protection Act); Mansell v. Mansell, 490 U.S. 581 (1989); Howell v. Howell, 581 U.S. 214 (2017); Rose v. Rose, 481 U.S. 619 (1987); O.C.G.A. § 19-6-15 (child support guidelines); O.C.G.A. § 19-6-5 (alimony factors). This article is general information about Georgia law, not legal advice for your situation.

Questions About Your Situation?

Call the Law Offices of Scot Sikes at 706-494-6900 or request a consultation.