Navigating Pensions, Benefits & Legal Misunderstandings
Caroline Germano: You mentioned your experience working with veterans’ benefits and military pensions. In your view, do these types of benefits tend to complicate family law proceedings?
Jacquelyn Blott: Veterans’ benefits and military pensions are often among the most complex factors in divorce and child support cases, particularly in states like Texas. In Texas, disability compensation received through the VA is not considered community property because it is non-taxable. This means it is not subject to division during a divorce, although it can still be considered when calculating child support.
However, if a veteran is medically retired and chooses to receive payments through the Department of Defense, those payments may be considered a divisible asset. This distinction often confuses and can significantly impact the outcome of a case.
Health insurance is another area that can create complications. There is a common misconception that all veterans automatically receive health coverage for their children. In reality, children only qualify for VA-sponsored coverage if the veteran is 100% disabled. Even then, families can face the same challenges as civilian parents, such as navigating out-of-state coverage, in-network vs. out-of-network providers, and general access to care.
It can all get quite complex, which is why it is important to break things down and help clients clearly understand their rights and options.
One area that stands out for me, especially because I am VA certified, is how disability income is treated in family law matters. Understanding how to handle disability benefits when dividing assets, addressing retirement, or calculating child support is critical, and it requires specialized knowledge.
Family law is complex by nature, but when you are working with veterans, there is an added layer of intricacy that many people, including some legal professionals, may not fully understand. My clients often face unique challenges that require a deeper familiarity with both family law and veterans’ benefits to navigate effectively.
This message is especially for family law practitioners: one of the patterns I often see when working with veterans is their reluctance to advocate for themselves. Many will say, “Whatever they want, just give it to them,” because they are used to putting others first and minimizing their own needs.
In those moments, I make it clear, if they will not fight for themselves, I will. And I do. It is important for veterans to understand that it is okay to ask for what they need, and it is okay to allow someone to stand up for them. Advocating for their rights is not a weakness; it is a step toward fairness and healing.
Caroline Germano: Is that something you commonly observe with your clients?
Jacquelyn Blott: Yes, I do. I currently have several clients who are veterans, and many of them tend to take a step back in their cases, saying things like, “Whatever she wants” or “Whatever he wants.” But I always tell them that is not how this works.
I remind them often: You fought for me and for all of us, now it is your turn to let me fight for you.
I believe there is a widespread misconception about veterans, even within the legal community. Many people tend to view them as tough, unyielding individuals who do not back down. But in my experience, that is far from the truth.
Across all branches of the military, I have found that veterans are often thoughtful, reflective, and generous. During initial consultations and follow-up conversations, our discussions tend to go much deeper than a typical intake. These are not brief or surface-level calls; we often take the time to unpack complex experiences and concerns.
Every client brings a unique background, whether they are a veteran, active-duty service member, first responder, or teacher. Most legal professionals know how to connect with individuals from those more familiar roles, because we encounter them often in our daily lives. We live among them, have friends and family in those professions, and understand how to communicate with them.
However, outside of states with a strong military presence, like Texas and California, there tends to be less familiarity with veterans. That gap can lead to misunderstanding and even misjudgment. It is important for those of us in the legal field to take the time to truly listen, learn, and approach veterans with the respect and understanding they deserve.