Do I have any legal right to my husband’s G.I. Bill money, if we are separated or divorced?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have any legal right to my husband’s G.I. Bill money, if we are separated or divorced?

I have moved in with my parent’s with my 2 children; my husband wouldn’t leave and it was a volatile situation that the children and I endured for 2 years. We are both full-time students. I receive child support for my son, who I had before I met my husband. We have a daughter together. He receives money monthly, plus a one-time sum yearly from the Army, for school and living expenses. He tells me that I have no right to any of that money. Is this true? At this time, he is not contributing any money for the children’s support.

Asked on January 6, 2011 under Family Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

He is correct in the sense that it is not a marital asset that you are going to be entitled to. However, since you have a child, he has to pay you child support which is calculated as 17% of his gross salary. This includes income which is salary and wages as well as  imputed income which can be the  benefits received. Since he receives monies for school and living expenses, and thus saves money for these things, this will be included in the income calculation for child support purposes. So while he is correct that you yourself are not entitled to any of this money, it can be used for child support calculations and thus it will be included in his income.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption