Non Divisible Benefits (Military)

Military Disability Benefits under Chapter 10 & Disability Ratings.

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.

Thomas v. Pirokowski, 286 S.W.3d 662 (Tex. App. – Corpus Christi 2009, no pet).

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.