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If We Are No Longer Married, Can I Still Use His GI Bill Benefits?

Author Ron Kness is no longer in the service.

Q: Am I able to use the GI Bill benefits if the veteran and I are no longer married? Will his dependent be able to use the GI Bill when she is old enough to go to college or if he is using it, it only covers him?

A: First, it depends on which GI Bill you are talking about. The only one with transferable benefits at all to dependents is the Post 9/11 GI Bill. Second, if your ex has that GI Bill, whether or not you can use it depends on if he transferred benefits to you or not while he was still serving and while still married to you. If he did not, then he would not be able to make a transfer request now after your divorce.

The same situation applies in the case of his dependent being able to use her father’s Post 9/11 GI Bill benefits – he has to have made a transfer of benefits to her while still serving for her to have benefits available for her to use when she is ready to go to college. If he is no longer serving and did not make a transfer of benefits, then he can’t do so now that he is out of the military.

If he would had been still serving though, he could have given her up to the number of unused months of benefits he had left or a lesser amount if he had planned on using some of his benefits.

To answer the last part of your question, both his daughter and he can use Post 9/11 GI Bill benefits at the same time. The VA doesn’t care if they pay two people at the same time or just one as they would end up paying for the same number of months in the end.

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