If two military members are married and one of them are getting separation pay but they are planning on a divorce....will filling for legal separation keep the other from getting the extra pay?
2007-08-11 23:38:01 · 8 answers · asked by kkds14 3 in Politics & Government ➔ Military
jst so ya'll know....the money doesn't matter it's just that it's not right that he's getting the money and getting pay off debt and i'm not..
2007-08-12 00:30:57 · update #1
the military does not recognize separation.. you are either married, or not. He would continue to receive it until the divorce is final, all other qualifications being met, of course.
2007-08-12 01:13:43 · answer #1 · answered by Mrsjvb 7 · 3⤊ 0⤋
If you are already married when you sign the paperwork then you will get BAH as soon as you start Basic. It will be based on teh zip code that your wife is living at and it is divided between the 2 paydays (15th & 1st), it is included with your regular Basic Pay. It will be deposited into the account you have your pay set up to go into so make sure you have all the right information. If not then you will have to open an account with a bank of their suggestion and she will not have access to it until you have finished Basic. It can take up to 6 weeks before the first pay is received so be prepared for it. You will also qualify for Family Separation of $250 per month, as you are gone longer than 30 days. Now if you have accompanied orders and your spouse chooses not to go with you, then the BAH is based on teh zip code you are residing at, not where she is living. You will not qualify for family separation anymore because you are now choosing to live apart.
2016-05-20 05:00:06 · answer #2 · answered by cora 3 · 0⤊ 0⤋
You have to be divorced for the army to recognize it. They don't do legal separation. So he would still continue to receive it. Talk to a JAG lawyer and hire yourself a good civilian lawyer who is knowledgable in Military law. The JAG lawyer can't help with your divorce except only with legal advice.
Filing for the legal separation you might be able to start some paperwork for financial assistance to where he would have to give you so much of that FSA.
Good luck.
2007-08-12 02:46:22 · answer #3 · answered by ckamk1995 6 · 1⤊ 0⤋
I'd say "no", cuz you're still technically married, that's a best guess. Talk to any Army JAG to be sure. You can get their number by calling the base and asking for the JAG office. Good luck!
~HeadHunter 6
2007-08-11 23:46:56 · answer #4 · answered by Headhunter 6 4 · 0⤊ 0⤋
He will keep getting it untill the divorce is final.. Unless you go talk to finance and see what they can do about it..
Maybe get your own checking acct so that your pay goes into your acct and not a mutual..
2007-08-12 03:39:08 · answer #5 · answered by CC 2 · 1⤊ 0⤋
It seems that if your legally separated, neither would receive the separation pay!
2007-08-11 23:49:05 · answer #6 · answered by jrd 3 · 0⤊ 0⤋
You recieve seperation pay until the divorce is final.
2007-08-11 23:58:20 · answer #7 · answered by mnbvcxz52773 7 · 2⤊ 0⤋
money... is that all you ppl can think of?
2007-08-11 23:55:03 · answer #8 · answered by Anonymous · 0⤊ 3⤋