Q Can I still use my husband's Post 9-11 GI Bill education benefits if we are getting a Virginia divorce?
If your ex-husband has transferred his Post 911 GI Bill education benefits to you, you are still eligible to use those benefits, even after a military divorce. Neither divorce nor subsequent remarriage excludes you from using the Post 911 GI Bill education benefits.
However, your ex does retain the right to revoke those education benefits if he chooses. For this reason, it's important to seek the advice of an experienced Virginia divorce attorney to learn about all the guidelines and regulations that come with a military divorce.
You have up to 15 years from your ex's date of separation from active duty to use the education benefits. If he has already transferred his Post 911 GI Bill education benefits to you before your military divorce, it's a wise decision to try to utilize those credits in a timely manner. Your ex may have transferred all of or a portion of his 36-months worth of credits to you, and you may continue using them provided he doesn't revoke or transfer them.
Working with a Virginia divorce attorney can help you navigate all the regulations and specifics of a military divorce and help you take advantage of all the education benefits available to you.
In addition, a Virginia divorce attorney who has experience handling military divorce cases can help you to understand your rights when it comes to:
- attempting to withhold your husband's military pay for Virginia child support;
- how the USFSPA affects your military divorce; and
- your rights to retirement pay in a military divorce.
Military divorce can be even more complicated than the typical divorce, but with a solid legal team on your side, you can navigate this considerable challenge.
Contacting a Virginia Divorce Attorney
Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar - 757-425-5200.
The Virginia divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.