Domestic Violence Victim Benefits

abuse, domestic violence

Transitional Compensation & Benefits

Under 10 U.S. Code § 1059, a spouse or dependent child (under 18, or under 23 if in college) is entitled to receive transitional compensation and benefits if the military member is discharged administratively or at a court-martial for committing domestic violence or sexual assault against that family member.

As of 2018, the monthly payments are $1283 for a spouse, and $318 per child, plus the family members are entitled to commissary and exchange benefits. The payments are pegged to the level of the Department of Veterans Affairs Dependency & Indemnity Compensation (DIC) established by 38 U.S. Code § 1311. See Dependency & Compensation Rate Tables,

Payments last for a minimum of 12 months and a maximum of the lesser of 36 months or the servicemember's length of service, commencing the date of sentencing or administrative discharge.

Per  10 U.S. Code § 1059(g), payments to a former spouse terminate:

  • Upon that spouse’s remarriage, though payments could resume upon the end of that follow-on marriage, or
  • If the spouse, former spouse or child reside with the member who committed the abuse. Payments will not be resumed even if that cohabitation ends.

Military Retirement

Pursuant to the Uniformed Services Former Spouses’ Protection Act, 10 U.S. Code § 1408(h), the spouse is also entitled to a portion of the member's retired pay if the member was eligible for retirement when the offense was committed.

The spouse is not entitled to receive the payments while a court-martial punishment of forfeitures is suspended. Furthermore, payments to a spouse terminate upon the spouse's remarriage, or if the servicemember resides in the same household as the spouse.

More Information

The victim should contact the victim-witness coordinator for the member's installation for more information about this benefit (often located in the JAG office).

Secondary Tag: 
Team Member: 
Carl O. Graham