Alamo Towers West, 901 NE Loop 410,
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San Antonio, TX 78209
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San Antonio, TX Family Law and Military Divorce Blog

Sunday, August 26, 2018

Military Divorce: Can a State Court Award a Portion of G.I. Bill Benefits to the Ex-Spouse?

I'm often asked the question of whether a Court can order the Servicemember to transfer a portion of his or her G.I. Bill educational benefits to the soon-to-be ex-spouse during a military divorce.  The answer is a clear, "no."  Federal law prohibits a State Court from treating G.I. Bill educational benefits as marital property in divorce.1

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firm specializes in Federal Civil Service and Military Divorce matters. 

Note1See 38 U.S.C. Section 3020(f)(3) (prohibiting G.I. Bill education benefits from being treated as marital property in divorce).


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