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Can a Divorce Agreement Take Away My Post 9/11 GI Bill Benefits?

Can a Divorce Agreement Take Away My Post 9/11 GI Bill Benefits?

by Chris Tracy | September 21st, 2010

Q: Can a divorce agreement keep me from revoking the transfer of the Post 9/11 GI Bill? Also, my new spouse is active duty. Does my ex receive BAH as well?

A: Generally speaking as a servicemember or veteran, you always retain the right to revoke or re-allocate the Post 9/11 GI Bill benefits you transferred to your spouse or dependent child. However, if your divorce agreement specifically addresses transferred Post 9/11 GI Bill benefits to your ex-spouse, then I suppose that could prevent you from revoking them, but because I’m not a legal expert, I’m only speculating and am not basing my assumption on legal fact.

As far as the housing allowance, once your ex-spouse is no longer tied to your DEERS record, yes she could start getting the Post 9/11 GI Bill housing allowance for as long as she is using her Post 9/11 GI Bill transferred benefits.

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