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

Posted on Mar 19, 2011 by Katie Carter

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 dissolved by way of Virginia divorce.

The Post 9/11 GI Bill education benefits aren’t affected by a Virginia divorce, or by your ex-husband remarrying, but he still has the decision-making power when it comes to transferring (or revoking) the benefits.

In cases where a husband has transferred Post 9/11 GI Bill education benefits to his wife, and they later decide to divorce, he has the right to revoke these benefits. Whether he does or not depends on how amicable the divorce was, among other factors.

When it comes to children, it’s a similar story, the benefits belong to your ex to do with as he sees fit. Despite this fact, some ex-husbands will feel a responsibility to their children and won’t allow spite or anger toward their ex-wives to affect their decisions regarding the benefit.

Military divorce presents many unique challenges that may call for the guidance and legal background possessed by a Virginia divorce attorney who has dealt with cases similar to your own. If you find yourself facing questions about the Post 9/11 GI Bill or any other aspect of military divorce your attorney can help you to understand your rights as the soon-to-be or former spouse of a member of the armed forces. Your Virginia divorce attorney can help you to address common conflicts in military divorce, such as how to seek Virginia child support from a military spouse who refuses to pay and other pressing matters.

Contacting a Virginia Divorce Attorney

At this vulnerable time, it’s critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We 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. You can learn more by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-856-6831.