Domestic Violence Victim Benefits

Transitional Compensation & Benefits

Under 10 U.S. Code §1059 [2], a spouse or dependent child (under 18, or under 23 if in college) is entitled to receive transitional compensation and benefits if the servicemember is discharged for abuse (i.e. domestic violence or sexual assault) against the spouse or child.

As of December 2007, monthly payments are $1091 for a spouse, and $271 per child, and the dependents are entitled to commissary and exchange benefits. The payments are pegged to the level of the Department of Veterans Affairs' Dependency and Indemnity Compensation (see rate tables here [3]) established by 38 U.S. Code §1311 [4], and last for a minimum of 12 months and a maximum of the lesser of 36 months or the servicemember's length of service.

Military Retirement

Pursuant to the Uniformed Services Former Spouse's Protection Act, 10 U.S. Code §1408(h) [5], the spouse is also entitled to a portion of the servicemember's retired pay if the servicemember 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.

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