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If I Sign Over My Montgomery GI Bill Over to My Wife, Would She Get BAH After the Divorce?

Author Ron Kness is no longer in the service.

Q: I was wondering if I sign over my Montgomery GI Bill to my spouse but we are getting a divorce will she be able to receive BAH when we are no longer married?

A: I think we are talking about a couple of different things here. I’ll do my best to get them sorted out. First, the Montgomery GI Bill (MGIB) does not have a transfer option to spouses, so you would not be able to give your wife your MGIB benefits even if you wanted to.

Second, if you are talking about the Post 9/11 GI Bill, then yes you could transfer those benefits to her providing you meet the transfer of benefit requirements.

Before you can get a transfer approved, you have to have served for at least six years, be currently serving at the time of your transfer request and agree to serve an additional four years. Once the transfer is approved, your wife has to submit VA Form 22-1990e from the eBenefits website to get her Certificate of Eligibility that she will need when she enrolls in school.

Once in school, her tuition would be paid directly to her school by the VA up to the resident undergraduate rate. Monthly she would also get the housing allowance or BAH, depending on how the divorce is set-up.

I’ve read lately where some lawyers ask the court to give the ex-spouse BAH, which she would collect for as long as you are in the military, while others ask for the housing allowance, which she would only get for the duration of her Post 9/11 GI Bill benefits.

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