The first GI Bill was enacted in 1944 as a way to provide benefits such as educational grants, mortgages, and business loans to veterans following World War II. It was passed because many service members experienced significant hardship upon re-entering the workforce and civilian life in general. The Bill increased the number of college-educated Americans following the war. According to the U.S. Department of Veteran’s Affairs, approximately 49% of college admissions in 1947 were veterans, due in large part to the Bill.
While the original GI Bill ended in 1956, it has been revamped in various forms on a number of occasions since then. The current bill, the Post-9/11 GI Bill, was created in 2008 to help veterans of war and peacetime pay for college and other educational expenses. Here is a synopsis of the Bill and how it can benefit spouses (and former spouses) of service members.
Who is eligible for Post-9/11 GI Bill benefits?
To be eligible for Post-9/11 GI Bill benefits, the following criteria must be met by the service member/veteran:
1) The service member served on active duty for at least 90 days (all at once or with breaks in service), or was awarded the Purple Heart, on or after September 11, 2001;
2) The service member/veteran served on active duty for at least 30 consecutive days (without breaks in service) and was honorably discharged because of a service-connected disability; or
3) The service member/veteran served on active duty for at least 36 months and was honorably discharged.
What are the Post-9/11 GI Bill Benefits?
1) Tuition & Fees. Full in-state costs at a public school, or up to $26,381.31 at a private school, (based on the 2022-2023 school year).
2) Monthly Stipend. A monthly stipend (calculated as BAH for an E-5 with dependents), with the zip code where the student attends most classes determining the rate. Note that a service member on active duty cannot collect the monthly stipend.
3) Books/Supplies. Up to $1,000/year.
Can a service member transfer Post-9/11 GI Benefits to a spouse?
Yes. An eligible service member may transfer some or all of his/her educational benefits to a spouse. At the time of the election, the service member must have already served at least six years on active duty, and must also commit to serving a minimum of four additional years. In addition, the service member must make the election while on active duty and, as of July 2019, the service member must have less than 16 years of service at the time the transfer is made.
Are there any limitations on benefits that can be used by a spouse?
Yes, specifically:
1) The spouse is not entitled to the monthly stipend if the service member is on active duty while the spouse is attending college.
2) If the service member was discharged before January 1, 2013, the benefits must be used within 15 years of discharge. There is no such deadline for members that were discharged after January 1, 2014.
What if the service member and his/her spouse are divorced (or going through a divorce)?
1) Post-9/11 GI Bill Benefits are not considered marital property and cannot be divided or distributed by the divorce court.
2) Service members may not transfer Post-9/11 GI Bill Benefits to a former spouse. However, if the service member transfers Post-9/11 GI Bill Benefits to his or her spouse before the divorce, the transfer remains valid after the divorce. In other words, divorce does not nullify a previous transfer of GI Bill benefits, and they can still be used by the (then former) spouse.
3) Prior to the divorce, though, the service member can always revoke the transfer Unless the transfer is part of a binding contract between the spouses (such as a Marital Settlement Agreement).
Why would a service member transfer Post-9/11 GI Bill Benefits to his or her soon-to-be ex-spouse? To assist the spouse with improving his/her employment opportunities and, thereby, help put the spouse in a better position to increase his/her income. This would benefit the service member because his/her spousal support obligation could be reduced (or perhaps even eliminated).
Questions on using the GI bill after divorce in northern Virginia?
If you have questions about Post-9/11 GI Bill Benefits and divorce, contact the lawyers at Cooper Ginsberg Gray for more information.