bullet GI Bill Information: Ask the Expert Blog
GI Bill Home >> Blog >> New GI Bill >> My Husband and I Are Getting a Divorce, Can He Still Transfer His Benefits to Our Children and Me?

My Husband and I Are Getting a Divorce, Can He Still Transfer His Benefits to Our Children and Me?

February 2nd, 2010
by Jeffery Anderson
Sir, My husband and I are getting a divorce this year and he is active duty.  We are both unsure if his GI Benefits can be transferred to me and the children.  He has been on active duty for 15 years.  I plan on going back to school this year.  Any help in this matter will be greatly appreciated.  Thank you, Amy

Hi Amy,  If your husband has been on active duty for 15 years , then he is eligible for benefits through the Montgomery GI Bill or the Post 9/11 GI Bill.  Active duty service members should have been changed to the Post 9/11 GI Bill, and he will need to make sure that was done, as the Post 9/11 GI Bill is the program that allows transfer of benefits.

The way I interpret the wording on the transfer provision is that as long as he applies to have his benefits transferred to you prior to the divorce, then there should not be a problem.  Once he has designated you as a recipient of his benefits, a divorce should not affect anything.  However, if you are divorced prior to him applying for the transfer, and having it approved, there is a possibility you may not be eligible for the transfer.  Your husband should be able to apply for the transfer, as he has met the requirement of having been on active duty for at least 6 years.  To be approved for the transfer of benefits to you or your children, he will have to agree to serve another 4 years on active duty.

The divorce should not affect his ability to transfer his benefits to your children, he can do that now, or after the divorce.  If he applies for the transfer of benefits to you, and is approved, you should be able to begin using his benefits immediately, but you will not be eligible for the housing and books stipend while he is on active duty.

Tags: , ,
Posted in New GI Bill, Uncategorized, Veterans Education Benefits | 9 Comments »

9 Responses to “My Husband and I Are Getting a Divorce, Can He Still Transfer His Benefits to Our Children and Me?”

  1. breenrytipt says:
    March 4, 2010 at 11:59 am

    i genuinely enjoy your own posting type, very exciting,
    don’t quit as well as keep posting for the simple reason that it just that is worth to look through it.
    excited to read alot more of your current posts, goodbye ;)

  2. Ellen Biggs says:
    March 9, 2010 at 1:27 pm

    My husband retired in 2004 from the U. S. Air Force under the old gi bill. I would like to know if he can transfer his education benefits that he didn’t used to his dependent children to used toward their education.

  3. Jeffery Anderson says:
    March 9, 2010 at 3:34 pm

    Hi Ellen, While it sounds like your husband should be able to switch from the Montgomery GI Bill to the Post 9/11 GI Bill, I’m afraid he will not be able to transfer his benefits to his dependent children. That provision was added in 2009, and service members had to be on active duty as of 1 August 2009 or after, to take advantage of the transfer provision.

  4. Former Soldier says:
    March 14, 2010 at 10:40 am

    This is another answer that is not totally correct. As stated, “Active duty service members should have been changed to the Post 9/11 GI Bill…”. Converting from MGIB to Post 9/11 GI Bill is not automatic. A soldier or veteran must request to convert with the VA. Submitting a request to transfer benefits equals a request to the VA to convert from MGIB to Post 9/11. Conversion is irrevocable so make sure you want to convert. Furthermore, the basic rule to transfer is this, at the time the request to transfer is submitted, the person to whom the benefits are being transferred must be a dependent registered in DEERS/RAPIDS. At the divorce, the ex-spouse is no longer a dependent and thus is not eligible to receive benefits. However, if the ex-spouse had benefits transferred while a dependent, the ex-spouse can still use those transferred benefits after divorce…so long as the spouse doesnt revoke the transfer.

  5. Jeffery Anderson says:
    March 14, 2010 at 11:28 am

    Thanks for that explanation Former Soldier. There had been some confusion on the automatic changing to Post 9/11 GI Bill benefits, as I had been told by a few recruiters that was happening. I have since found out that was incorrect, and that to switch from the MGIB to Post 9/11 a service member must either do it in VONAPP or apply for a transfer of benefits at the TEB site. I also found out that the switch is not always irrevocable, as we have have service members write in and state that they were able to switch back after changing their mind. But it is much better to give a lot of thought to your decision to switch prior to doing so. Thanks for the help.

  6. Nicole Shealy says:
    December 28, 2010 at 12:07 pm

    I received the GI bill from my ex husband before we divorced. It is in the divorce decree that I get the entire GI bill benefits. I contacted the VA about my eligibility for BAH since I am no longer my ex’s dependent. I was told to petition the VA for it because the wording of the new bill made it unclear. I have sent the question along with the paperwork that was requested. I still have not heard back. I was wondering if you had any insight into it. Thanks!!

  7. Jeffery Anderson says:
    December 29, 2010 at 8:24 am

    Hi Nicole, this is a tricky question and the VA will have to decide how they want to handle the issue. If your husband is still on active duty and you were still married, you would not be eligible for the housing allowance.

    I wouldn’t think the fact that you are now divorced would affect that; as long as he is on active duty you would not be eligible for the allowance, but once he leaves the military you could become eligible. The VA might think otherwise and decide you should receive it. Good Luck!

  8. Jerod Murphy says:
    January 12, 2011 at 9:45 am

    I have posed a similar question to the VA in regards to a former spouse rating the book stipend/BAH benefit post divorce. The reason it is currently written as “not while on active duty” is because it is assumed the spouses reside together and currently have use of the service members BAH. After a divorce she would no longer be entitled to be under the same “umbrella” and therefor it would make logical sense that she should be entitled to the additional benefit. Regardless of my active duty status, as it no longer has anything to do with her or her household. This is one of those common sense need apply scenarios…but I have yet to receive a response so we shall see.

  9. Jeffery Anderson says:
    January 12, 2011 at 10:06 am

    Hi Jerod, Please let me know how it is resolved. I can understand your view point and that of some other veterans in the same situation, but I can also see that the VA might wonder why they should pay BAH twice to the same family even if they are no longer together, due to a personal decision made by the service member and their spouse.

    The divorced active duty service member is going to still be receiving BAH even if it might be at a lower rate and the divorced spouse would be receiving a housing allowance based on the rate for a service member with dependents if they are awarded the allowance. I could see the divorced spouse receiving the allowance if the active duty service member elects to no longer receive their BAH allowance, but it will be interesting to see how the VA views the whole situation. Please let everyone know when you get a response.

Leave a Reply