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Can a Divorce Agreement Take Away My Post 9/11 GI Bill Benefits?

Author Ron Kness is no longer in the service.

Q: Can a divorce agreement keep me from revoking the transfer of the Post 9/11 GI Bill? Also, my new spouse is active duty. Does my ex receive BAH as well?

A: Generally speaking as a servicemember or veteran, you always retain the right to revoke or re-allocate the Post 9/11 GI Bill benefits you transferred to your spouse or dependent child. However, if your divorce agreement specifically addresses transferred Post 9/11 GI Bill benefits to your ex-spouse, then I suppose that could prevent you from revoking them, but because I’m not a legal expert, I’m only speculating and am not basing my assumption on legal fact.

As far as the housing allowance, once your ex-spouse is no longer tied to your DEERS record, yes she could start getting the Post 9/11 GI Bill housing allowance for as long as she is using her Post 9/11 GI Bill transferred benefits.

Comments  (1)

If you have to pay child support or alimony it will be calculated as your income in addition to the the minimum wage for your area.

posted by Julio Vigoreaux
2:24 am on October 6, 2010
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