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.
Note1 — See 38 U.S.C. Section 3020(f)(3) (prohibiting G.I. Bill education benefits from being treated as marital property in divorce).