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What Happens with GI Bill Benefits in a Military Divorce?

Military service members often put their own lives in danger to serve their country. Yet, when they leave the military and enter civilian service, the adjustment is significant. The GI Bill, passed in 1944, provides service members with benefits to deal with medical conditions, disabilities, hardship and obtaining college degrees and technical or vocational skills. These benefits may become a concern during divorce, and a Chesapeake military divorce attorney can help you resolve related issues.

Since its original passage, the GI Bill has been revised at various points and it currently allows transferability of education benefits to spouses and children. For service members to be eligible to transfer benefits, they must have served a minimum of six years and commit to an additional four years of service before transferring benefits to a spouse or child. Other eligibility is based on retirement during the period of August 1, 2009 through August 1, 2013. To qualify, the retiring service member must have completed 20 years of active duty or 20 qualifying years of reserve service. Once designated as a qualified transferee and after receiving transferred benefits, a divorce does not affect a spouse’s eligibility to receive the benefits. However, the service member has the right to modify or revoke the transfer at any time.

A military divorce attorney in Chesapeake can help you discuss and resolve any transfer or educational benefits as part of a divorce settlement agreement.   

Darrell M. Harding has in-depth knowledge of the laws relevant to military divorce and more than 20 decades of legal experience handling divorce.

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