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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can the months of a used GI bill that was transferred during

Customer Question

can the months of a used GI bill that was transferred during marriage be considered in a divorce if the GI bill was an asset of the husbands before the marriage in a community property state?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
The GI BILL is considered separate property. Also, it is an entitlement to the veteran...it would not be divisible by a court in a divorce action
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
i didn't ask if it was divisible. I asked if it could be considered as community property if it was an asset before the marriage, then given to the spouse during marriage, at the time of divorce, by a judge
Expert:  P. Simmons replied 1 year ago.
Sorry...I want to make sure I understand...a court ordered transfer of the GI BILL? A court has no power to do this...
Customer: replied 1 year ago.
no. no court order. it was an asset of mine before the marriage. I transferred it to her during the marriage. can it be considered as payment of a percentage of property? i.e. subtracted from the 50% she would receive from proceeds that she would receive from the selling of the house?
Expert:  P. Simmons replied 1 year ago.
Ahhh, thank you. Now I understand. You incurred a service obligation for the transfer ?
Customer: replied 1 year ago.
yes. of course. AND her education would have cost 10's of thousands of dollars had I not given her my GI bill
Expert:  P. Simmons replied 1 year ago.
Thanks. So is there use left? Of has she used the entire benefit? And if there is time left, is it anticipated she will use it in the future (for example is she in school now)?
Customer: replied 1 year ago.
there is SOME left. but I revoked it only after she finished her education. she is employed full time and makes more because of the degree she earned. so it was mine. I gave it to her, what she used of It I now cannot. why shouldn't the cost of the education be subtracted from other proceeds due to her?
Expert:  P. Simmons replied 1 year ago.
Thanks.
What you describe is not community property.
The court cannot use this in its distribution of community property, because it technically no longer exists. It was used. Sort of like when you spend money... Once the money is spent, it is no longer an asset that can be counted as community property.
Now, this could be considered in a determination of spousal support; for example, if the court was contemplating awarding spousal support to her, this contribution would likely reduce any support order.
However, what you are describing, a benefit that has been used? It is no longer an asset that can be divided. So it will not be part of the division of community property.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that a judge would be forced to consider this as an asset, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
hmm. I essentially paid for her education. I can't see how that could not be considered. if I had incurred a debt because of paying for her education, I'm sure it would be. I really am not satisfied with your answer here
Customer: replied 1 year ago.
and EXACTLY. it is NOT community property. it was mine, she used it. I should be reimbursed at some level
Expert:  P. Simmons replied 1 year ago.
Sir, I am truly sorry that I can not give you the answer you seek. But it would do neither of us any good for me to provide you with inaccurate information.
I understand you are not satisfied. I will opt out and allow another expert to assist you. I wish you the best.
Phil
Expert:  Ely replied 1 year ago.
Hello,
Your previous expert has opted out and I have opted in. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Can you please tell me what state this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
idaho. and furthermore, debt should be considered if the debt was incurred during the marriage. I just don't understand how paying for an education cannot be seen as a debt on my side
Expert:  Ely replied 1 year ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
You are right. It is not fair. However, the previous expert is correct. Idaho is a community property state. This means that the property is divided 50/50. Separate property is not part of the division.
The GI bill would have been considered separate property had it not been spent. However, because it was spent, it is no longer an asset to be divided, it does not exist.
Now, what you are asking is essentially: "Can I get credit for giving her my GI bill money? After all, it was my separate property!"
The answer - no. This would be considered a gift from you to her. A gift of your own separate property to her in the form of the GI Bill for her education.
There is little/no case law in Idaho (I have looked) that establishes that the Court must reimburse for such a gift. It was a gift, and the Court will see it as such. I am sorry.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
so if she maxed out one of my credit cards while we were married, would that too be considered a gift? money spent ? no. the debt would exist. just as there is a debt to the remaining months of the GI Bill.
Expert:  Ely replied 1 year ago.
Hello,
Oops, sorry for the bold font.
so if she maxed out one of my credit cards while we were married, would that too be considered a gift? money spent ? no. the debt would exist. just as there is a debt to the remaining months of the GI Bill.
That is not quite the same thing. A credit card with two authorized users on it would be likely SPLIT between the assets.
A credit card in your name only that she took without your permission, linked to an account with money that was yours prior to marriage - she would likely be ordered to be liable for.
I agree with you that this is not fair. However, no expert is going to tell you what you wish to hear - that she is going to be made to be responsible for the GI Bill. Sometimes, the laws attempt to be fair in all circumstances but do not succeed. Unfortunately, this is not one of these times. I would rather be honest with you.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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