My Husband and I Are Divorcing, How Can He Transfer His GI Bill Benefits to Me?

March 10th, 2010
by Jeffery Anderson
My husband and I are going through a divorce, and I asked him to transfer his GI benefits to me.  He agreed that he would, the only thing is, as of now he isn’t currently enlisted in any armed forces.  He served five years in the Navy, and is currently trying to go Army Reserve.  I’m not sure how that would work as far as transferring the benefits to me, and also about the stipends that I wouldn’t receive.  Can you clear this up for me?  LaRosa

Hi LaRosa, First,  your husband would not be able to transfer his GI Bill benefits to you even if you weren’t divorcing.  You didn’t mention when your husband served his five years of active duty service in the Navy.  He may be eligible for the Montgomery GI Bill, or he may be eligible for the Post 9/11 GI Bill, or he could even be eligible for benefits from both GI Bills.  The Post 9/11 GI Bill is the only GI Bill with a provision for transferring benefits to a military spouse, and to be eligible for that provision, your husband would have had to have been on active duty on 1 August 2009, or have gone onto active duty after that date.

Service members who were on active duty on 1 August 2009 had to have been on active duty for at least 6 years to be eligible for the transfer provision, and they had to agree to serve for at least 4 additional years if the transfer was approved.  If your husband goes back on active duty, and is eligible for the Post 9/11 GI Bill, he will have to serve at least one more year to become eligible to transfer his benefits, and agree to serve 4 more years.

He can transfer his benefits to you as long as you are married.  Once the transfer of benefits is approved, a divorce does not affect the use of the benefits by the spouse.  You would not be eligible for the housing stipend while he was on active duty.

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