Can Spouse Use Gi Bill After Divorce
after bill spouse
Spouses have 15 years from the time the service member leaves active duty to use the benefit. Unused education benefits can go to immediate family members.
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In the case of a divorce after the benefits have been transferred the benefits do not instantly become void for the spouse.
Can spouse use gi bill after divorce. GI Bill benefits may also be transferred to a spouse or children providing that the member meets additional eligibility requirements. So if the GI Bill funds are earmarked for spouse that will soon be divorced that spouse needs to make sure those funds are distributed prior to the formal divorce date. The Post 911 GI Bill is therefore a significant asset that can potentially benefit either spouse or their children.
In other words a military spouse cannot ask the court to award a service members Post 911 GI Bill benefits as an asset in a divorce or as part of equitable distribution. Family members must be enrolled in the Defense Eligibility Enrollment Reporting System DEERS before you can transfer your GI Bill to them. However that does not preclude divorcing couples from negotiating a mutually-agreeable transfer of this significant asset.
You wont get the BAH you were receiving before the divorce anymore due to you the fact that you are no longer listed as one of his dependents. It is important to note with the GI Bill the service member can transfer those benefits to a spouse or child but NOT a former spouse. And yes divorce can affect this benefit.
If you are a spouse of a military member who is in the process of obtaining an education you have likely heard or been affected by the GI Bill benefits. Your dependents may still qualify even if a child marries or you and your spouse divorce. Servicemembers may transfer their Post-911 GI Bill benefits to a spouse or child but only after meeting an additional service obligation of four years.
Therefore a former spouse may continue to receive Post 911 GI Bill benefits so long as it is agreed to by the parties preferably by an agreed Order in the Divorce Decree. While children dont necessarily have a time limit they do have to use it before they are 25 years. Unlike leave and retirement pay Post 911 GI Bill benefits are not treated as marital property subject to division in a divorce.
Federal law prohibits the division of Post 911 GI Bill benefits in a divorce. Post 911 GI Bill benefits are not a divisible in a military divorce. If you get divorced your ex-spouse can still use the transferred benefits.
However the servicemember has the right to revoke the transfer at any time and for any reason. However service members and Veterans can revoke cancel or change a TOE at any time. Spouses may retain GI Bill benefits even after divorce unless the member revokes the transfer.
On the contrary as long as the active servicemember allows it the spouse can continue to use the benefit through to depletion. Per federal law the court may not order the division of this benefit a former spouse may only use it if the spouse were an eligible beneficiary at the time of divorce and the member agrees to share it. Code 3319 b.
However if you are in the process of divorce from your military spouse and are dependent upon these benefits for financial assistance with your education it is common to worry if these benefits will be lost after your divorce is finalized. The benefits from the GI Bill can be transferred to family members too such as a spouse or child. According to the Veterans Administration VA the Post-911 GI Bill provides transferable benefits to.
Dont have to use the benefit within 15 years after your separation from active duty but cant use the benefit after theyve turned 26 years old. And since divorce does not terminate a beneficiarys eligibility as long as the election is made during marriage a former spouse may use the benefits after divorce. However you can take away or change the transferred benefits at any time depending on the divorce settlement.
However as divorce does not disqualify a beneficiary as long as the election is made prior to divorce the former spouse remains eligible to use the benefits. Alternatively the parties may agree that the parties children will use the GI Bill benefits for their education thereby saving them money they would otherwise need to pay. Transferring Benefits Transferring Post 911 GI bill benefits to a spouse is permitted when the service member has six years of service and requires that the service member serve another four.
Separate requirements apply for reservists. Unlike leave pay and retirement pay however Post 911 GI Bill Benefits may not be treated as marital property or the asset of a marital estate subject to division in a divorce or other civil proceeding. 3020f3 Post-911 GI Bill benefits may not be treated as marital property and are not subject to division in a divorce action.
For more information see the Post-911 GI Bill Benefits in a Divorce article in the Military Divorce Guide. A spouse can use benefits just as a member can though the monthly stipend for living expenses is not.
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