Receipt of disability benefits by a military servicemember can have a significant effect on the ex-spouse in a Wisconsin divorce. When a servicemember retires with a disability rating, his/her military retired pay may be affected.
If the disability rating is greater than 50%, the member receives both the full disability pay and full military retired pay under a process known as Concurrent Receipt Disability Pay (CRDP). If the servicemember has a disability rating less than 50%, the member’s retired pay is reduced, dollar for dollar, by the amount of the disability pay.
Both servicemembers and ex-spouses must be aware of this difference. In a Wisconsin divorce involving a military member, the ex-spouse is often awarded a portion of the member’s military retired pay. Both spouses must be aware of the possibility of reduced benefits to accurately allocate this benefit.
Attorney David Kowalski has significant experience in military divorces and allocation of benefits. Please call Kowalski Family Law for a free consultation.