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

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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 10 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.


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