Legal Information: Federal

Domestic Violence in the Military

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October 9, 2019

If I leave my spouse/partner due to domestic abuse, is there any financial compensation available to me through the military?

If you are no longer living with your abusive spouse, you and your child might qualify for the Transitional Compensation (TC) Program. The TC Program provides for financial, medical, dental, commissary (grocery), and exchange (other goods/products) privileges to eligible dependents of service members when the member has been separated from the military due to domestic abuse or a child abuse offense.

Note: Unmarried intimate partners are not considered dependents of the service members and therefore do not qualify for transitional compensation on their own. However, children of unmarried parents may qualify for the TC program if they are victims of child abuse or neglect by a service member parent. If a child qualifies, then TC payments could be made to the non-abusive parent.

You may be eligible for transitional compensation if:

  1. the service member has served at least 30 days on active duty;
  2. you are no longer living with your spouse;
  3. you were married to, or you are the child of, a service member;
  4. you were living with your spouse when the abuse occurred; and
  5. one of the following is true:
  • the service member has been administratively separated from active duty due to abuse of a family member; or
  • the service member was convicted by court-martial of an abuse offense and either:
    • s/he is sentenced to forfeiture of all pay and allowances.1
    • s/he is separated from active duty after the conviction; or

The payments are made once a month for up to 36 months and will begin on the date when:

  • the administrative separation starts;
  • the court-martial sentence is given; or
  • the court-martial pre-trial agreement is approved.1

You will no longer be eligible to receive transitional compensation benefits if:

  • you remarry;
  • you resume living with the service member;
  • the abuser’s conviction is reduced to a lower punishment; or
  • the administrative separation is revoked (canceled).1

If the commander is considering separating your spouse from the military, you may want to check with your FAP victim advocate to make sure the commander prepares the appropriate documentation for you to receive TC benefits. The FAP can also help you to find out what the monthly compensation amount will be for you and your family.

Note: Even if you do not qualify for the Transitional Compensation Program, military service regulations require service members to provide “adequate support,” which includes child support, to their family members.1 You can talk to the installation legal office for more information.

1 See DoD Instruction 1342.24, Transitional Compensation for Abused Dependents

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