---
kind: "section"
citation: "10 U.S.C. § 1059"
title: "10"
title_heading: "Armed Forces"
number: "1059"
heading: "Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits; lodging expenses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1059"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 53 — Miscellaneous Rights and Benefits"
---

# §1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits; lodging expenses

- (a) **Authority To Pay Compensation.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, with respect to the [armed forces](/usc/10/101.md?p=a-4) (other than the Coast Guard when it is not operating as a service in the Navy), and the [Secretary](/usc/10/4951.md?p=3) of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a [program](/usc/10/2101.md?p=1) to [pay](/usc/10/101.md?p=a-15) monthly transitional compensation in accordance with this section to [dependents](/usc/10/1072.md?p=2) or former [dependents](/usc/10/1072.md?p=2) of a member of the [armed forces](/usc/10/101.md?p=a-4) described in [subsection (b)](#b). Upon establishment of such a [program](/usc/10/2101.md?p=1), the [program](/usc/10/2101.md?p=1) shall apply in the case of each such member described in [subsection (b)](#b) who is under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3) establishing the [program](/usc/10/2101.md?p=1).
- (b) **Punitive and Other Adverse Actions Covered.—** This section applies in the case of a member of the [armed forces](/usc/10/101.md?p=a-4) on [active duty for a period of more than 30 days](/usc/10/101.md?p=d-2)—
  - (1) who is convicted of a [dependent](/usc/10/1072.md?p=2)-abuse offense (as defined in [subsection (c)](#c)) and whose conviction results in the member—
    - (A) being separated from [active duty](/usc/10/101.md?p=d-1) pursuant to a sentence of a court-martial; or
    - (B) forfeiting all [pay](/usc/10/101.md?p=a-15) and allowances pursuant to a sentence of a court-martial;
  - (2) who is administratively separated, voluntarily or involuntarily, from [active duty](/usc/10/101.md?p=d-1) in accordance with applicable regulations if the basis for the separation [includes](/usc/10/101.md?p=g-4) a [dependent](/usc/10/1072.md?p=2)-abuse offense; or
  - (3) who is—
    - (A) convicted of a [dependent](/usc/10/1072.md?p=2)-abuse offense in a district court of the [United States](/usc/10/101.md?p=a-1) or a [State](/usc/10/4951.md?p=4) court; and
    - (B) separated from [active duty](/usc/10/101.md?p=d-1) pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from [active duty](/usc/10/101.md?p=d-1), for an offense other than the [dependent](/usc/10/1072.md?p=2)-abuse offense.
- (c) **Dependent-Abuse Offenses.—** For purposes of this section, a [dependent](/usc/10/1072.md?p=2)-abuse offense is conduct by an individual while a member of the [armed forces](/usc/10/101.md?p=a-4) on [active duty for a period of more than 30 days](/usc/10/101.md?p=d-2)—
  - (1) that involves abuse of the [spouse](/usc/10/101.md?p=g-5) or a [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of the member; and
  - (2) that is a criminal offense specified in regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense under [subsection (m)](#m).
- (d) **Recipients of Payments.—** In the case of any individual described in [subsection (b)](#b), the [Secretary](/usc/10/4951.md?p=3) shall [pay](/usc/10/101.md?p=a-15) such compensation to [dependents](/usc/10/1072.md?p=2) or former [dependents](/usc/10/1072.md?p=2) of the individual as follows:
  - (1) If the individual was married at the time of the commission of the [dependent](/usc/10/1072.md?p=2)-abuse offense resulting in the separation, such compensation shall be paid to the [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) to whom the individual was married at that time, including an amount (determined under [subsection (f)(2)](#f-2)) for each, if any, [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of the individual described in [subsection (b)](#b) who resides in the same household as that [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5).
  - (2) If there is a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) who is or, but for [subsection (g)](#g), would be eligible for compensation under this section and if there is a [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of the individual described in [subsection (b)](#b) who does not reside in the same household as that [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5), compensation under this section shall be paid to each such [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of the individual described in [subsection (b)](#b) who does not reside in that household.
  - (3) If there is no [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) who is (or but for [subsection (g)](#g) would be) eligible under [paragraph (1)](#d-1), such compensation shall be paid to the [dependent](/usc/10/1072.md?p=2) children of the individual described in [subsection (b)](#b).
  - (4) For purposes of this subsection, an individual’s status as a “[dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6)” shall be determined as of the date on which the individual described in [subsection (b)](#b) is convicted of the [dependent](/usc/10/1072.md?p=2)-abuse offense or, in a case described in [subsection (b)(2)](#b-2), as of the date on which the separation action is initiated by a commander of the individual described in [subsection (b)](#b).
- (e) **Commencement and Duration of Payment.—**
  - (1) Payment of transitional compensation under this section—
    - (A) in the case of a member convicted by a court-martial for a [dependent](/usc/10/1072.md?p=2)-abuse offense or an offense described in [subsection (b)(3)(B)](#b-3-B), shall commence—
      - (i) as of the date the court-martial sentence is adjudged if the sentence, as adjudged, [includes](/usc/10/101.md?p=g-4) a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all [pay](/usc/10/101.md?p=a-15) and allowances; or
      - (ii) if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all [pay](/usc/10/101.md?p=a-15) and allowances, as of the date of entry of judgment under [section 860c of this title](/usc/10/860c.md) (article 60c of the Uniform Code of [Military](/usc/10/801.md?p=8) Justice) if the sentence [includes](/usc/10/101.md?p=g-4) an unsuspended dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all [pay](/usc/10/101.md?p=a-15) and allowances;
    - (B) in the case of a member being considered under applicable regulations for administrative separation from [active duty](/usc/10/101.md?p=d-1) in accordance with such regulations, shall commence as of the date on which the separation action is initiated by a commander of the member pursuant to such regulations, as determined by the [Secretary concerned](/usc/10/2801.md?p=c-5).
  - (2) Transitional compensation with respect to a member shall be paid for a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5).
  - (3)
    - (A) If a member is sentenced by a court-martial to receive punishment that [includes](/usc/10/101.md?p=g-4) a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all [pay](/usc/10/101.md?p=a-15) and allowances as a result of a conviction for a [dependent](/usc/10/1072.md?p=2)-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under [section 860c of this title](/usc/10/860c.md) (article 60c of the Uniform Code of [Military](/usc/10/801.md?p=8) Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article), any payment of transitional compensation that has commenced under this section on the basis of such sentence in that case shall cease.
    - (B) If administrative separation of a member from [active duty](/usc/10/101.md?p=d-1) is proposed on a basis that [includes](/usc/10/101.md?p=g-4) a [dependent](/usc/10/1072.md?p=2)-abuse offense and the proposed administrative separation is disapproved by competent authority under applicable regulations, payment of transitional compensation in such case shall cease.
    - (C) Cessation of payments under subparagraph [(A)](#e-3-A) or [(B)](#e-3-B) shall be effective as of the first day of the first month following the month in which the [Secretary concerned](/usc/10/2801.md?p=c-5) notifies the recipient of such transitional compensation in writing that payment of the transitional compensation will cease. The recipient may not be required to repay amounts of transitional compensation received before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid).
- (f) **Amount of Payment.—**
  - (1) Payment to a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) under this section for any month shall be at the [rate](/usc/10/101.md?p=b-9) in effect for that month for the payment of dependency and indemnity compensation under [section 1311(a)(1) of title 38](/usc/38/1311.md?p=a-1).
  - (2) If a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) to whom compensation is paid under this section has custody of a [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of the member who resides in the same household as that [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5), the amount of such compensation paid for any month shall be increased for each such [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) by the amount in effect for that month under [section 1311(b) of title 38](/usc/38/1311.md?p=b).
  - (3) If compensation is paid under this section to a [child](/usc/10/1072.md?p=6) or children pursuant to subsection [(d)(2)](#d-2) or [(d)(3)](#d-3), such compensation shall be paid in equal shares, with the amount of such compensation for any month determined in accordance with the [rates](/usc/10/101.md?p=b-9) in effect for that month under [section 1313 of title 38](/usc/38/1313.md).
  - (4) Payment to a [child](/usc/10/1072.md?p=6) under this section shall not cover any period before the birth of the [child](/usc/10/1072.md?p=6).
- (g) **Spouse and Former Spouse Forfeiture Provisions.—**
  - (1) If a former [spouse](/usc/10/101.md?p=g-5) receiving compensation under this section remarries, the [Secretary](/usc/10/4951.md?p=3) shall terminate payment of such compensation, effective as of the date of such marriage. The [Secretary](/usc/10/4951.md?p=3) may not renew payment of compensation under this section to such former [spouse](/usc/10/101.md?p=g-5) in the event of the termination of such subsequent marriage.
  - (2) If after a punitive or other adverse action is executed in the case of a former member as described in [subsection (b)](#b) the former member resides in the same household as the [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5), or [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6), to whom compensation is otherwise payable under this section, the [Secretary](/usc/10/4951.md?p=3) shall terminate payment of such compensation, effective as of the time the former member begins residing in such household. Compensation paid for a period after the former member’s separation, but before the former member resides in the household, shall not be recouped. If the former member subsequently ceases to reside in such household before the end of the period of eligibility for such payments, the [Secretary](/usc/10/4951.md?p=3) may not resume such payments.
  - (3) In a case in which the victim of the [dependent](/usc/10/1072.md?p=2)-abuse offense resulting in a punitive or other adverse action described in [subsection (b)](#b) was a [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6), the [Secretary concerned](/usc/10/2801.md?p=c-5) may not [pay](/usc/10/101.md?p=a-15) compensation under this section to a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) who would otherwise be eligible to receive such compensation if the [Secretary](/usc/10/4951.md?p=3) determines (under regulations prescribed under [subsection (m)](#m)) that the [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) was an active participant in the conduct constituting the [dependent](/usc/10/1072.md?p=2)-abuse offense.
- (h) **Effect of Continuation of Military Pay.—** In the case of payment of transitional compensation by reason of a total forfeiture of [pay](/usc/10/101.md?p=a-15) and allowances pursuant to a sentence of a court-martial, payment of transitional compensation shall not be made for any period for which an order—
  - (1) suspends, in whole or in part, that part of a sentence that [includes](/usc/10/101.md?p=g-4) forfeiture of the member’s [pay](/usc/10/101.md?p=a-15) and allowance; or
  - (2) otherwise results in continuation, in whole or in part, of the member’s [pay](/usc/10/101.md?p=a-15) and allowances.
- (i) **Coordination of Benefits.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may not make payments to a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) under both this section and [section 1408(h)(1) of this title](/usc/10/1408.md?p=h-1). In the case of a [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) for whom a court order provides for payments by the [Secretary](/usc/10/4951.md?p=3) pursuant to [section 1408(h)(1) of this title](/usc/10/1408.md?p=h-1) and to whom the [Secretary](/usc/10/4951.md?p=3) offers payments under this section, the [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) shall elect which to receive.
- (j) **Commissary and Exchange Benefits.—**
  - (1) A [dependent](/usc/10/1072.md?p=2) or former [dependent](/usc/10/1072.md?p=2) entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to use commissary and exchange stores to the same extent and in the same manner as a [dependent](/usc/10/1072.md?p=2) of a member of the [armed forces](/usc/10/101.md?p=a-4) on [active duty for a period of more than 30 days](/usc/10/101.md?p=d-2).
  - (2) If a [dependent](/usc/10/1072.md?p=2) or former [dependent](/usc/10/1072.md?p=2) eligible or entitled to use commissary and exchange stores under [paragraph (1)](#j-1) is eligible or entitled to use commissary and exchange stores under another provision of law, the eligibility or entitlement of that [dependent](/usc/10/1072.md?p=2) or former [dependent](/usc/10/1072.md?p=2) to use commissary and exchange stores shall be determined under such other provision of law rather than under [paragraph (1)](#j-1).
- (k) **Lodging Expenses.—** A [dependent](/usc/10/1072.md?p=2) or former [dependent](/usc/10/1072.md?p=2) entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to lodging expenses for a period not longer than 30 days.
- (l) **Exceptional Eligibility for Dependents of Members or Former Members.—**
  - (1) The [Secretary concerned](/usc/10/2801.md?p=c-5), under regulations prescribed under [subsection (m)](#m), may authorize eligibility for benefits under this section for [dependents](/usc/10/1072.md?p=2) and former [dependents](/usc/10/1072.md?p=2) of a member or former member of the [armed forces](/usc/10/101.md?p=a-4) in a case in which the [dependents](/usc/10/1072.md?p=2) or former [dependents](/usc/10/1072.md?p=2) are not otherwise eligible for such benefits and the [Secretary concerned](/usc/10/2801.md?p=c-5) determines that the member or former member engaged in conduct that is a [dependent](/usc/10/1072.md?p=2)-abuse offense under this section and the member or former member was separated from [active duty](/usc/10/101.md?p=d-1) other than as described in [subsection (b)](#b).
  - (2) In a case in which the [Secretary concerned](/usc/10/2801.md?p=c-5), under the authority of [paragraph (1)](#l-1), authorizes benefits to be provided under this section, such benefits shall be provided in the same manner as if the member or former member were an individual described in [subsection (b)](#b), except that, under regulations prescribed under [subsection (m)](#m), the [Secretary](/usc/10/4951.md?p=3) shall make such adjustments to the commencement and duration of payment provisions of [subsection (e)](#e), and may make adjustments to other provisions of this section, as the [Secretary](/usc/10/4951.md?p=3) considers necessary in light of the circumstances in order to provide benefits substantially equivalent to the benefits provided in the case of an individual described in [subsection (b)](#b).
  - (3) For purposes of the provision of benefits under this section pursuant to this subsection, a member shall be considered separated from [active duty](/usc/10/101.md?p=d-1) upon the earliest of—
    - (A) the date an administrative separation is initiated by a commander of the member;
    - (B) the date the court-martial sentence is adjudged if the sentence, as adjudged, [includes](/usc/10/101.md?p=g-4) a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all [pay](/usc/10/101.md?p=a-15) and allowances; or
    - (C) the date the member’s term of service expires.
  - (4) The [Secretary concerned](/usc/10/2801.md?p=c-5) may delegate the authority under [paragraph (1)](#l-1) to authorize eligibility for benefits under this section for [dependents](/usc/10/1072.md?p=2) and former [dependents](/usc/10/1072.md?p=2) of a member or former member to the first general or [flag officer](/usc/10/101.md?p=b-5) (or civilian equivalent) in the chain of command of the member.
- (m) **Regulations.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to carry out this section with respect to the [armed forces](/usc/10/101.md?p=a-4) (other than the Coast Guard when it is not operating as a service in the Navy). The [Secretary](/usc/10/4951.md?p=3) of Homeland Security shall prescribe regulations to carry out this section with respect to the Coast Guard when it is not operating as a service in the Navy.
  - (2) Regulations prescribed under [paragraph (1)](#m-1) shall include the criminal offenses, or categories of offenses, under the Uniform Code of [Military](/usc/10/801.md?p=8) Justice ([chapter 47](/usc/10/chstA/ptII/ch47.md) of this title), Federal criminal law, the criminal laws of the [States](/usc/10/4951.md?p=4) and other jurisdictions of the [United States](/usc/10/101.md?p=a-1), and the laws of other nations that are to be considered to be [dependent](/usc/10/1072.md?p=2)-abuse offenses for the purposes of this section.
- (n) **Dependent Child Defined.—** In this section, the term “[dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6)”, with respect to a member or former member of the [armed forces](/usc/10/101.md?p=a-4) referred to in [subsection (b)](#b), means an unmarried [child](/usc/10/1072.md?p=6), including an adopted [child](/usc/10/1072.md?p=6) or a stepchild, who was residing with the member or eligible [spouse](/usc/10/101.md?p=g-5) at the time of the [dependent](/usc/10/1072.md?p=2)-abuse offense referred to in [subsection (b)](#b) or who was carried during pregnancy at the time of the [dependent](/usc/10/1072.md?p=2)-abuse offense and was subsequently born alive to the eligible [spouse](/usc/10/101.md?p=g-5) or former [spouse](/usc/10/101.md?p=g-5) and—
  - (1) who is under 18 years of age;
  - (2) who is 18 years of age or older and is incapable of self-support because of a mental or physical incapacity that existed before the age of 18 and who is (or, at the time a punitive or other adverse action was executed in the case of the former member as described in [subsection (b)](#b), was) [dependent](/usc/10/1072.md?p=2) on the former member for over one-half of the [child](/usc/10/1072.md?p=6)’s support; or
  - (3) who is 18 years of age or older but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved by the [Secretary](/usc/10/4951.md?p=3) of Defense and who is (or, at the time a punitive or other adverse action was executed in the case of the former member as described in [subsection (b)](#b), was) [dependent](/usc/10/1072.md?p=2) on the former member for over one-half of the [child](/usc/10/1072.md?p=6)’s support.

## Source credit

(Added Pub. L. 103–160, div. A, title V, § 554(a)(1), Nov. 30, 1993, 107 Stat. 1663, § 1058; renumbered § 1059 and amended Pub. L. 103–337, div. A, title V, § 535(a)–(c)(1), title X, § 1070(a)(5)(A), Oct. 5, 1994, 108 Stat. 2762, 2763, 2855; Pub. L. 104–106, div. A, title VI, § 636(a), (b), title XV, § 1503(a)(8), Feb. 10, 1996, 110 Stat. 367, 511; Pub. L. 105–261, div. A, title V, § 570(a), (b), Oct. 17, 1998, 112 Stat. 2032; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, §§ 572(a), (b)(1), (c), 573(a), 574, Nov. 24, 2003, 117 Stat. 1484–1486; Pub. L. 112–239, div. A, title V, § 564(a), Jan. 2, 2013, 126 Stat. 1748; Pub. L. 113–291, div. A, title VI, § 621, Dec. 19, 2014, 128 Stat. 3401; Pub. L. 115–91, div. A, title V, § 531(l), Dec. 12, 2017, 131 Stat. 1386; Pub. L. 116–92, div. A, title VI, § 621, Dec. 20, 2019, 133 Stat. 1426; Pub. L. 117–81, div. A, title V, § 549(a), Dec. 27, 2021, 135 Stat. 1715; Pub. L. 118–31, div. A, title VI, §§ 631, 632, Dec. 22, 2023, 137 Stat. 296.)

## Notes

### Editorial Notes

### Amendments

2023—Pub. L. 118–31, § 632(3), substituted “subsection (m)” for “subsection (k)” wherever appearing.

Pub. L. 118–31, § 632(1), inserted “; lodging expenses” after “benefits” in section catchline.

Subsec. (b)(3). Pub. L. 118–31, § 631(a), added par. (3).

Subsec. (e)(1)(A). Pub. L. 118–31, § 631(b)(1)(A), inserted “or an offense described in subsection (b)(3)(B)” after “offense” in introductory provisions.

Subsec. (e)(1)(A)(ii). Pub. L. 118–31, § 631(b)(1)(B), substituted “allowances;” for “allowances; and”.

Subsec. (e)(1)(B). Pub. L. 118–31, § 631(b)(2), struck out “(if the basis for the separation includes a dependent-abuse offense)” after “with such regulations”.

Subsec. (k). Pub. L. 118–31, § 632(4), added subsec. (k). Former subsec. (k) redesignated (m).

Subsec. (l). Pub. L. 118–31, § 632(2), which directed redesignation of subsec. (m) as (l), was executed by making the redesignation and moving subsec. (l) so as to appear before subsec. (m), to reflect the probable intent of Congress. Former subsec. (l) redesignated (n).

Pub. L. 118–31, § 631(c), in introductory provisions, substituted “referred to in subsection (b) or” for “resulting in the separation of the former member or” and “and was subsequently” for “resulting in the separation of the former member and was subsequently”.

Subsec. (m). Pub. L. 118–31, § 632(2), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (l).

Subsec. (m)(4). Pub. L. 118–31, § 631(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

“(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.

“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”

Subsec. (n). Pub. L. 118–31, § 632(2), redesignated subsec. (l) as (n).

2021—Subsec. (m)(4). Pub. L. 117–81 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The authority of the Secretary concerned under paragraph (1) may not be delegated.”

2019—Subsec. (m). Pub. L. 116–92, § 621(1), (2), inserted “Members or” before “Former Members” in heading and “member or” before “former member” wherever appearing in pars. (1) and (2).

Subsec. (m)(3), (4). Pub. L. 116–92, § 621(3), (4), added par. (3) and redesignated former par. (3) as (4).

2017—Subsec. (e)(1)(A)(ii). Pub. L. 115–91, § 531(l)(1), substituted “the date of entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence includes” for “the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes”.

Subsec. (e)(3)(A). Pub. L. 115–91, § 531(l)(2), substituted “conviction for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),” for “conviction by a court-martial for a dependent-abuse offense and each such conviction is disapproved by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under section 860(c) of this title, remitted, set aside, suspended, or mitigated to a lesser punishment that does not include any such punishment,”.

2014—Subsec. (d)(4). Pub. L. 113–291 substituted “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)” for “as of the date on which the individual described in subsection (b) is separated from active duty”.

2013—Subsec. (f)(4). Pub. L. 112–239, § 564(a)(1), added par. (4).

Subsec. (l). Pub. L. 112–239, § 564(a)(2), substituted “or eligible spouse at the time of the dependent-abuse offense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse” for “at the time of the dependent-abuse offense resulting in the separation of the former member” in introductory provisions.

2003—Subsec. (b)(2). Pub. L. 108–136, § 574, inserted “, voluntarily or involuntarily,” after “administratively separated”.

Subsec. (e)(1)(A). Pub. L. 108–136, § 572(a), substituted “shall commence—” and cls. (i) and (ii) for “shall commence as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and”.

Subsec. (e)(2). Pub. L. 108–136, § 572(b)(1), substituted “a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the Secretary concerned” for “a period of 36 months, except that, if as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—

“(A) the unserved portion of the member’s period of obligated active duty service; or

“(B) 12 months”.

Subsec. (e)(3)(A). Pub. L. 108–136, § 572(c), substituted “conviction is disapproved by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under section 860(c) of this title, remitted, set aside, suspended, or mitigated” for “punishment applicable to the member under the sentence is remitted, set aside, or mitigated”.

Subsec. (m). Pub. L. 108–136, § 573(a), added subsec. (m).

2002—Subsecs. (a), (k)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1998—Subsec. (d)(1). Pub. L. 105–261, § 570(a)(1), struck out “(except as otherwise provided in this subsection)” after “such compensation shall” and inserted before period at end “, including an amount (determined under subsection (f)(2)) for each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse or former spouse”.

Subsec. (d)(2). Pub. L. 105–261, § 570(a)(2), substituted “is or, but for subsection (g), would be eligible” for “(but for subsection (g)) would be eligible” and “compensation under this section shall” for “such compensation shall”.

Subsec. (d)(4). Pub. L. 105–261, § 570(a)(3), substituted “For purposes of this subsection” for “For purposes of paragraphs (2) and (3)”.

Subsec. (f)(2). Pub. L. 105–261, § 570(b), substituted “has custody of a dependent child of the member who resides in the same household as that spouse or former spouse” for “has custody of a dependent child or children of the member”.

1996—Subsec. (a). Pub. L. 104–106, § 636(a), inserted at end “Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.”

Subsec. (c)(2). Pub. L. 104–106, § 1503(a)(8), substituted “subsection (k)” for “subsection (j)”.

Subsec. (d). Pub. L. 104–106, § 636(b)(1), in introductory provisions, substituted “the case of any individual described in subsection (b)” for “any case of a separation from active duty as described in subsection (b)” and “dependents of the individual” for “dependents of the former member”.

Subsec. (d)(1). Pub. L. 104–106, § 636(b)(2), substituted “If the individual” for “If the former member” and “to whom the individual” for “to whom the member”.

Subsec. (d)(2). Pub. L. 104–106, § 636(b)(3), substituted “individual described in subsection (b)” for “former member” in two places.

Subsec. (d)(3). Pub. L. 104–106, § 636(b)(4), substituted “individual described in subsection (b)” for “former member”.

Subsec. (d)(4). Pub. L. 104–106, § 636(b)(5), substituted “individual described in subsection (b)” for “member” in two places.

Subsec. (g)(3). Pub. L. 104–106, § 1503(a)(8), substituted “subsection (k))” for “subsection (j))”.

1994—Pub. L. 103–337, § 1070(a)(5)(A), renumbered section 1058 of this title as this section.

Pub. L. 103–337, § 535(c)(1), inserted “; commissary and exchange benefits” at end of section catchline.

Subsec. (e). Pub. L. 103–337, § 535(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows:

“(e) Commencement and Duration of Payment.—(1) Payment of transitional compensation under this section shall commence as of the date of the discontinuance of the member’s pay and allowances pursuant to the separation or sentencing of the member and, except as provided in paragraph (2), shall be paid for a period of 36 months.

“(2) If as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—

“(A) the unserved portion of the member’s period of obligated active duty service; or

“(B) 12 months.”

Subsecs. (j) to (l). Pub. L. 103–337, § 535(b), added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title V, § 564(b), Jan. 2, 2013, 126 Stat. 1749, provided that: “No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins before the date of the enactment of this Act [Jan. 2, 2013].”

### Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, § 572(d), Nov. 24, 2003, 117 Stat. 1485, provided that: “The amendments made by this section [amending this section] shall apply only with respect to cases in which a court-martial sentence is adjudged on or after the date of the enactment of this Act [Nov. 24, 2003].”

Pub. L. 108–136, div. A, title V, § 573(b), Nov. 24, 2003, 117 Stat. 1485, provided that: “The authority under subsection (m) of section 1059 of title 10, United States Code, as added by subsection (a), may be exercised with respect to eligibility for benefits under that section only for dependents and former dependents of individuals who are separated from active duty in the Armed Forces on or after the date of the enactment of this Act [Nov. 24, 2003].”

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

### Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title V, § 570(c), Oct. 17, 1998, 112 Stat. 2032, provided that: “No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins before the date of the enactment of this Act [Oct. 17, 1998].”

### Effective Date

Pub. L. 103–160, div. A, title V, § 554(b), Nov. 30, 1993, 107 Stat. 1666, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(5), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title VI, § 636(c), Feb. 10, 1996, 110 Stat. 367, provided that: The section of title 10, United States Code, added by subsection (a)(1) [this section] shall apply with respect to a member of the Armed Forces who, after November 29, 1993— is separated from active duty as described in subsection (b) of such section; or forfeits all pay and allowances as described in such subsection. Payments of transitional compensation under that section in the case of any person eligible to receive payments under that section shall be made for each month after November 1993 for which that person may be paid transitional compensation in accordance with that section.”

### Duration of Transitional Compensation Payments

Pub. L. 108–136, div. A, title V, § 572(b)(2), Nov. 24, 2003, 117 Stat. 1485, provided that: “Policies under subsection (e)(2) of section 1059 of title 10, United States Code, as amended by paragraph (1), for the duration of transitional compensation payments under that section shall be prescribed under such subsection not later than six months after the date of the enactment of this Act [Nov. 24, 2003].”