Can VA Disability be Garnished for Alimony? 

Many life challenges extend beyond the limitations caused by veterans’ disabilities. For example, the stress caused by a looming court appearance for unpaid child support or alimony can exponentially increase the everyday obstacles of dealing with a chronic disorder.  

For disabled veterans, the uncertainty of not knowing what to expect can make things even more difficult. 

This post explains the general rules on alimony obligations for veterans with disabilities, the legalities of VA disability garnishment, and which circumstances prohibit garnishment. 

But can VA disability be garnished for alimony?  

Let’s find out. 

Summary of Key Points

• A wage garnishment is a court-ordered withholding of earnings to satisfy an unpaid debt, such as alimony. 

• Certain circumstances prohibit the court from garnishing your VA disability earnings. 

• Garnishment of VA disability compensation is limited to the portion received in place of military retirement pay, not other benefits. 

• There are various reasons a VA disability garnishment is denied, including when it causes an “undue hardship.” 

Can VA Disability be Garnished for Alimony?

Divorced veterans often wonder whether their VA disability compensation will be considered when determining child support or alimony obligations in court.  

The short answer is yes, but under many circumstances, a veteran’s service-connected VA disability compensation isn’t eligible for garnishment. Still, there are exceptions to this rule. 

Related: Can Child Support be taken from VA disability?

Is VA Disability Considered Income for Alimony?

Although VA disability benefits are not considered marital property which can be divided by courts — VA disability payments do count as income when calculating alimony. 

How Much Disability Can Be Used for Alimony?

The VA determines the percentage of your benefits that can be garnished without causing undue financial hardship; this consideration includes various factors, such as: 

• Whether you have other sources of income in addition to your VA disability compensation 

• If you have expenses for special needs (e.g., medical expenses) 

• Any children in your custody in need of financial support 

While every veteran’s case is different, and there’s no definitive answer to how much of your VA disability compensation the court can consider, there are some general guidelines regarding VA garnishment and alimony payments. 

What is a Garnishment?

A wage garnishment is a court-ordered withholding of earnings to satisfy an unpaid debt, such as alimony, child support, or past-due bills. If a state court alimony order is in place, the VA can withhold your VA disability compensation (or a percentage of it, depending on the order) to satisfy the obligation.  

Several circumstances prohibit your VA disability compensation from being garnished; these include:  

1. An excessive financial hardship has been determined (depending on the amount of your disability income, debt, bills, and other obligations   

2. A court has ruled that your former spouse remarried or there was marital infidelity 

3. Your former spouse has not filed for a VA apportionment (i.e., the court orders you to pay alimony or child support (when there’s a dispute about how benefits should be divided). 

VA Disability Compensation and Alimony Garnishments

There’s no hard evidence about how common it is for veterans to have their disability compensation garnished, but there are some general legalities that may help you discern the feasibility of garnishment based on your circumstances; these include: 

• If you have waived part of your taxable military retirement pay and opted instead to receive untaxed disability compensation, the amount of disability pay you receive—in place of your retirement pay—can be garnished. However, the remainder of your disability compensation is protected. 

• A garnishment is only legal for alimony payments when the court deems how the benefits will be split (i.e., an apportionment). 

• Only 20% to 50% of your VA disability benefits are typically eligible for garnishment.  

• VA disability benefits aren’t considered marital property or assets in a divorce, so they aren’t typically split 50/50 like other forms of income. 

• A garnishment can be denied if it would cause undue hardship to the veteran. 

Can Veterans with TDIU Have Their Benefits Garnished?

Theoretically, if you cannot work and depend on disability compensation (i.e., a 100% rating), you could have your benefits garnished for alimony or child support subject to the above restrictions). However, a garnishment will likely be considered an undue hardship since you cannot obtain any other income.

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Sherry Christiansen

Sherry Christiansen is a professional Medical Writer with a clinical mental health background. Over the last decade, she has written health and wellness articles for organizations like Medical News Today, Verywell Health, and Healthline. In 2013, she also helped launch an educational website for the first Alzheimer’s prevention clinic in the country at Weill Cornell Medical Center – NewYork-Presbyterian. As a spouse of a career military service member, Sherry is deeply passionate about supporting veterans. It is an honor for her to assist veterans in receiving the benefits they deserve after becoming ill or injured while serving our country.