Occoquan, Virginia · Military Divorce
If an Occoquan military divorce involves VA disability pay, here is the rule that governs it: VA disability compensation is not marital property, and a court cannot divide it or order a veteran to repay a former spouse for a drop in pension caused by a disability waiver. The Supreme Court settled that in Howell v. Howell. It is a real protection for veterans and a real planning point for spouses. Let me walk you through what the rule does and does not do.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger military divorce guide. For the full picture, start with our cornerstone, Military Divorce in Virginia. Here, I will focus on VA disability pay and the Howell rule.
Why disability pay is treated differently
Most retirement pay built during a marriage can be divided. VA disability compensation is different. It is paid to a veteran for a service connected disability, and federal law treats it as the veteran’s own, not as marital property to be split. That distinction surprises people, because the money can look like just another part of monthly income. But the law draws a firm line around it, and understanding that line early prevents a painful misunderstanding later. You can read more on our disability pay and the Howell rule page.
What Howell v. Howell decided
The key case is Howell v. Howell, decided by the United States Supreme Court in 2017. The Court held that a state cannot order a veteran to indemnify, meaning repay, a former spouse when the veteran waives part of the military pension to receive VA disability pay and the former spouse’s share drops as a result. In plain terms, a court cannot reach around the federal protection by ordering the veteran to make up the difference out of other money. The disability pay, and the reduction it can cause, are shielded.
The Waiver Is Where the Surprise Hides
Here is how the issue arises. A veteran can waive a portion of taxable retired pay to receive tax free VA disability compensation. That waiver can shrink the divisible pension, and with it a former spouse’s share. Howell means the former spouse generally cannot force the veteran to cover that loss afterward. The time to address the possibility is in the settlement, before the decree is signed, not after the waiver lands.
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What this means if you are the veteran
If you are the veteran, the Howell rule is a genuine protection. Your VA disability compensation is not on the table to be divided, and you generally cannot be ordered to repay a former spouse for a pension reduction that a disability waiver causes. That said, the protection lives in getting the order right. Loose settlement language that promises a fixed dollar amount, rather than a share of the divisible pension, can create obligations the disability pay was supposed to keep you clear of. We draft with that trap in mind.
What this means if you are the spouse
If you are the spouse, Howell is the reason to plan ahead rather than be caught off guard. Because a later disability waiver can quietly reduce your share of the pension, the protection you want has to be built into the settlement from the start, through careful language and, where appropriate, an offset against other assets. We cannot undo the federal rule, but we can structure the agreement so a future waiver does not leave you with far less than you bargained for. Foresight here is everything.
When the veteran is serving overseas
Disability ratings and waivers are sometimes handled while a service member is still serving, including from overseas postings, and the divorce may be underway across that distance. The analysis does not have to wait. We review the pay and the disability picture, model how a waiver could affect the pension share, and build the settlement language while the member is away, reviewing it by phone or email. A protection this important should be planned with care no matter where the veteran is stationed when the divorce is finalized.
How we help in Occoquan
We explain how the Howell rule applies, protect a veteran’s disability pay from improper division, and for spouses we build settlement language and offsets that guard against a surprise pension reduction. Occoquan military divorces are filed in the Prince William Circuit Court, and we represent veterans and spouses across Occoquan and the surrounding Prince William communities. You can read more on our disability pay and the Howell rule page.
“Howell protects a veteran’s disability pay, and it warns a spouse to plan ahead. The answer is in the settlement language.“
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Honest Counsel
If you are a veteran, do not agree to a fixed dollar pension payment without understanding how a future disability waiver and the Howell rule interact, because loose language can undo the protection. If you are a spouse, raise the possibility of a later waiver during negotiation and ask for protective language or an offset. Either way, the time to act is before the decree, not after.
Understand what Howell shields and what it does not, and write the settlement accordingly, and both the veteran’s disability pay and the spouse’s expectations are handled honestly.
Authoritative References
Sources
- Howell v. Howell, 581 U.S. 214 (2017). The Supreme Court held that a state may not order a veteran to indemnify a former spouse for the loss caused by waiving retired pay to receive VA disability compensation.
- Veterans’ benefits, 38 U.S.C. Governs VA disability compensation, which is paid for a service connected disability and is not treated as divisible marital property.
- Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408. Allows division of disposable retired pay, which excludes amounts waived to receive VA disability compensation.
- Prince William Circuit Court. Handles military divorce and retirement matters for families in the Occoquan area.
Federal and Virginia authority verified as of June 2026. Every military divorce turns on its own facts; confirm current rules for your situation.
Frequently Asked Questions
Is VA disability pay divided in a divorce?
No. VA disability compensation is not marital property. A court cannot divide it, and under Howell v. Howell it cannot order a veteran to repay a former spouse for a pension reduction caused by a disability waiver.
What did Howell v. Howell decide?
The Supreme Court held in 2017 that a state cannot order a veteran to indemnify a former spouse when the veteran waives part of the pension to receive VA disability pay and the former spouse’s share drops as a result.
How can a spouse be protected if a waiver reduces the pension?
Through planning. Protective settlement language and, where appropriate, an offset against other assets can be built into the agreement before the decree, since the federal rule cannot be undone afterward.
Why should a veteran be careful with settlement language?
Because promising a fixed dollar pension payment, rather than a share of the divisible pension, can create an obligation that the Howell protection was meant to avoid. Careful drafting preserves the protection.
When You Are Ready
Let’s handle disability pay the right way in Occoquan.
Tell me about your pension and any disability rating, and I will help you build settlement language that fits the Howell rule. The first call is a warm, no pressure conversation.