My husband and I are getting separated and I am moving out. We are not legally separated yet, and everyone keeps telling me I am entitled to part of his BAH. Some people say Im only entitled to it until we are legally separated, others say I am only entitled to it after. Ive also heard Im not entitled to it at all. Can anyone clarify this for me?
2007-03-12 16:25:19 · 14 answers · asked by Ashley M 1 in Family & Relationships ➔ Marriage & Divorce
Nope, not for long..
2007-03-12 16:27:10 · answer #1 · answered by Anonymous · 2⤊ 0⤋
The only real person who can clarify this for you is the Base Housing Authority and Base Payroll Department or His Commanding Officer. He is responsible for providing support for you and the children, If you were not employed during his enlistment you may be entitled to subsistence on til he gets out of the military and most definitely the children's support will be taken out of his check every month and sent to you even if you do not have a child support order from the court. It's called Conduct unbecoming a soldier. Check it out, call his commanding officer; I'll bet he is trying to hide the fact that you two are separating because he knows at least his paycheck will be gone til a court order is received..
2007-03-12 23:37:29 · answer #2 · answered by denfasr 4 · 1⤊ 1⤋
Unless things have changed the spouse gets nothing monthly. Even married living together or apart the spouse gets nothing unless the service member has requested an allotment be sent to the spouse which the service member can cancel at anytime. If you get a divorce and you are awarded support payments you can have the court take those payments out of his check. The service member is the employee of the government so like any other job his check is his not his spouse.
2007-03-12 23:35:45 · answer #3 · answered by ambernpeach 4 · 1⤊ 0⤋
Do you have children? If so you'll get all of it, child support. If not once your divorce is final, the money stops. Also, how long were you married? 10 years or more and you can demand 1/2 his retirement and to keep your ID card. Alot depends on how long you were married, kids, and how good of an attorney you get and of course the state your in. The BAH is your Basic Housing Allowence. Once your divorced he'll more than likely move and that money will go to him for his living quarters like I said unless you have children Good Luck.
2007-03-12 23:32:23 · answer #4 · answered by sharpeilvr 6 · 0⤊ 1⤋
A lot people here don't know what they're talking about.
The only thing you get is court-ordered support. If there's no support ordered by the court in a sepration order, you only get what he voluntarily gives you.
The court can take into account all his benefits in setting the amount he needs to pay you, and order the wage deduction from his pay.
If divorced, he doesn't get the same BAH if he has govt quarters. BAH diff would apply if he has court-ordered child support. But if he lives off post, he gets full BAH with dependants.
2007-03-13 00:04:14 · answer #5 · answered by mt_hopper 3 · 0⤊ 2⤋
You will have an entitlement but the details need to be discussed with the good legal folk. If you don't have a lawyer go and ask the army, they will have dealt with this many many times so they will have the answer for you.
2007-03-12 23:30:57 · answer #6 · answered by smilingtalker_au 4 · 0⤊ 1⤋
Check with your husband's personnel office. They will tell you specifically what you are entitled to. This is not divorce yet so there may be specific rules. This will probably be affected by kids if you have any. Whomever has the kids will be entitled to the allowance.
2007-03-12 23:29:39 · answer #7 · answered by PapaJon 4 · 0⤊ 1⤋
No matter what answer you get from here call the Jag at the base your husband is stationed at. I believe you are entitled to some of it but that may just be how some people I know worked it out.
2007-03-12 23:27:39 · answer #8 · answered by Me 6 · 0⤊ 4⤋
you have no claim to his BAH without a court order. Hey why don't you kick him why he's down too.....then steal his money
2007-03-12 23:31:55 · answer #9 · answered by abc 7 · 1⤊ 1⤋
If you have it worked into the divorce settlement they'll automatically take it out of his LES and it'll go straight to you. You can have BAH, BAS, BAQ, and his actual cash worked into it.
2007-03-12 23:28:57 · answer #10 · answered by Moral Orel 6 · 0⤊ 3⤋
Not unless your enlisted or they have changed the rules.. yer on yer own...
2007-03-12 23:28:44 · answer #11 · answered by darchangel_3 5 · 1⤊ 0⤋