Military Divorce

Can my children still use my husband’s Post 9/11 GI Bill education benefits if we are getting a Virginia divorce?

The Post 9/11 GI Bill is one of the many benefits of military service. It provides education funds for military members, and allows them to transfer benefits to spouses and children. With the increase in military divorce, many military spouses have questions about this Bill and how it will be affected once their marriage is…

May I receive my ex’s VA Disability Benefits in my Virginia Divorce?

While you can't receive your ex's VA disability benefits in your Virginia divorce, you can still receive a portion of your ex's military retirement pay. In the past, a military member had to waive all or a portion of his non-disability pay to receive VA disability benefits. Former spouses who were only eligible to receive…

Can my ex-husband’s military pay be withheld for Virginia child support?

Fortunately, the military provides a way for the former spouses of military members to receive child support from military pay. If the courts have awarded you Virginia child support to be paid through your ex-husband's military pay, you can have a portion of your ex's paychecks withheld through the Defense Finance and Accounting Service (DFAS)….

How does the USFSPA (Uniformed Services Former Spouses’ Protection Act) affect my Virginia divorce?

The Uniformed Services Former Spouses' Protection Act, or USFSPA, was passed in 1982 and gives the state authority to treat military retirement pay as marital property in a military divorce in Virginia. The USFSPA also provides a way for the Department of Defense to enforce court orders that grant you a portion of retired military…

If I qualify for automatic payments of my ex-spouse’s military retirement pay, how long must I wait for those to go into effect?

If you've been awarded your ex-husband's military retirement pay after your military divorce in Virginia, you may have up to a 90-day waiting period before your payments begin. The Uniformed Services Former Spouses' Protection Act (USFSPA) stipulates that your first payment must be received no later than 90 days after your application has been received….

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…

Am I entitled to my ex-husband’s military retirement pay if we were married for less than 10 years?

If the courts have awarded you a portion of your husband's military retirement pay after your military divorce, you can still obtain them, even if you have been married for less than 10 years. If the courts have deemed your ex-husband's military retirement pay as marital property during your military divorce and have awarded you…