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Legal Information: Federal


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June 25, 2013

If I separate from the abuser, is any financial compensation available to me?

Yes. You might qualify for the Transitional Compensation Program, which provides for financial, medical, dental, and commissary (grocery) and exchange (other goods/ products) privileges to family members who are being abused by a Service member.

If you have separated from the abuser, you are eligible for Transitional Compensation if:

  • the Service member has served at least 30 days on active duty;
  • you were married to, or you are the family member of, a Service member and you were residing in his/her home with him/her
  • when the offense occurred; and
  • one of the following is true:
    • the Service member has been administratively separated from active duty due to abuse of a family member; OR
    • s/he was convicted by court-martial of an abuse offense AND either s/he is separated from active duty after the conviction OR s/he is sentenced to forfeiture of all pay and allowances.*

The payments are made once a month for 12-36 months and will begin either:

  • on the date the administrative separation starts; or
  • on the date the court-martial sentence is given or when the pre-trial agreement is approved.**

You will no longer be eligible to receive benefits if you remarry, go back to living with the abuser, or if the conviction is reduced to a lower punishment or the administrative separation is revoked (canceled).**

If the commander is considering separating your spouse from the military, you may want to check with your FAP counselor to make sure the commander prepares the appropriate documentation for you to receive these benefits. You may also check with the FAP to find out what the monthly compensation amount will be for you and your children.

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

* See DoD Instruction 1342.24, Transitional Compensation for Abused Dependents
** "The Military Response to Victims of Domestic Violence, Tools for Civilian Advocates," published by the Battered Women's Justice Project