Divorce and DEA

Yes, you can continue to use your remaining 19 months of DEA (Chapter 35) benefits regardless of your divorce; your eligibility is tied to the veteran's service-connected disability rating (permanently and totally disabled, or died from a service-connected condition) and is not a divisible marital asset under federal law (38 U.S.C. § 3501(a); 38 CFR 21.3041). The "waiver" your husband references likely pertains to the Uniformed Services Former Spouses’ Protection Act (USFSPA) and military retirement pay division, where a veteran can waive retirement pay in favor of VA disability compensation to protect it from division, but this does not directly govern your DEA entitlement. Your school's office may be conflating rules. DEA benefits are personal to the eligible dependent; your right to them vested upon the VA’s award and your divorce does not terminate them, as they are not considered property of the marital estate (*Mansell v. Mansell* clarifies federal preemption of state courts dividing VA benefits). Your actionable next step is to provide a copy of your Certificate of Eligibility (COE) to your school's certifying official and, if they still refuse, contact the VA Education Call Center at 1-888-442-4551 for direct confirmation of your active status. You should also ensure the VA has your current address and consider consulting a family law attorney versed in military divorce to address any other marital asset issues, as state courts cannot order the division or termination of your DEA.

**Disclaimer:** This information is for educational purposes regarding VA benefits and is not intended as legal, financial, or medical advice. For guidance specific to your situation, consult with a VA-accredited attorney or claims agent.