ok under army regulation code 608-99 the spouse is entitled to a certain amount of money depending on the rank of the solider which has to be paid at the end of evry month until the divorce goes through. question is .. what if it was a seperation for other reasons then to divorce?? (i have to go home and take care of my grandma also im three months preg...) would that money stillm be in affect? i just dont want to leave with no way to pay for a place to stay..
2007-09-14 10:24:25 · 9 answers · asked by LiL Mama14 2 in Politics & Government ➔ Military
ok you dont know what your talking about i have no choice but to go back anf take care of my grandma he wants to make sure that me and my child have somewhere to live with BAH so go swallow your words and choke on em, you must have a pile of bricks fro brains
2007-09-14 10:33:21 · update #1
You (and your husband) will not be entitled to money additional to his BAH or FSA nor will your move be paid for since the Army is not requiring the move. He should not lose his BAH with you out of town, but there won't be an additional money to help maintain two houses. It sounds like you have a very specific question and while the regulation can help you understand you are entitled to I would also check with IG (they can be a great resource and are not only for complaints) or with finance (for this particular issue).
What may be available to you is an AER loan that might give you enough money to get through the move (if that is an issue). If you need some help to get through the move he should talk to his COC about this money, although please note that it is a loan.
FYI The regulation you are referring to is explaining that a spouse is entitled to the service members BAH from the time they separate until the time the divorce goes through (unless there is a civilian court agreement). It sounds like you are not divorcing your husband but are simply moving out of town temporarily to deal with a family issue, so this part of the reg may not apply.
Good luck, it sounds like you are both in a tough position.
2007-09-14 13:36:05 · answer #1 · answered by Natasha 3 · 1⤊ 0⤋
Having done that "voluntary separation for family" I can say that Mrs. JVB and Natasha are both right. You're still married so there should be no problem with your BAH. It will remain at the level of his current duty station.
There is no separation pay because the military is not moving him apart from you, you're choosing to move apart on your own.
You're going to have to figure out how to maintain 2 households with the BAH money. If he's planning on moving into the BEQ you may have to plan to pay some rent. If they'll even let him in. It all depends on space available. When we did it, we had to figure out how to pay our mortgage on our house and rent for an apartment. Let's just say that apartment was small and in a bad neighborhood because that was all we could afford.
It was not a fun time for us and I'd make super sure that there was no other way to do things before I did it again.
2007-09-15 03:19:02 · answer #2 · answered by Critter 6 · 0⤊ 0⤋
The money you are entitled to when separated in the process of getting a divorce is not additional money above what he gets now; he receives an allowance for quarters based on being married which varies by rank and location-he would be required to send you part of that money.. It is a minimum sum that he is required to give you so that you have support while the divorce is going on. Really does not help you now; there is not an additional amount he would get to send you or you would get-they cut his pay to send it to you or he does in voluntarily.
The people are not being mean or need to swallow words-the regulation you cite is for legal separation pending a divorce-not just being separated meaning apart for each other so they are a little confused by the question conflicting with what the regulation is talking about.
2007-09-14 10:40:19 · answer #3 · answered by GunnyC 6 · 1⤊ 0⤋
The answer depends on your branch of service as each branch has regs that specifcaly address this issue. Your best bet is to go to your local law center/legal office and talk to a military lawyer who works in legal assistance. This attorney can tell you exactly what the regs say about your responsibilities in this situation – i.e. how much you are obligated to pay, when you have to pay, how long you must pay for. Also, they can advise on things that may affect your specific circumstance. All you discuss with the attorney is privileged – i.e. only between you and the attorney. Also, the attorney can contact your command in order to assist in resolving the problem. Go to see the attorney ASAP. At most bases, legal assistance can ethically only represent one side (husband or wife), so hurry up and get to the closest law center. Also, the service regs typically only control when there is no court order, written agreement between the parties or when divorce is pending. Once the divorce is final, the state court in which the divorce was handled will solely control. In filing for divorce you may have to retain a civilian attorney, especially if there are more complex issue involved Hope this is helpful. Good luck!
2016-05-19 21:35:41 · answer #4 · answered by yvette 3 · 0⤊ 0⤋
i had a similar thing happen myself, this has been 4 years ago so i dont know if its changed or not but back then he could either choose to continue getting BAH for where he was or where I was going ...not both. since where i was going was lower BAH than the base we were at they allowed him the option of moving into a dorm room (barracks for army) and getting single rate BAH for the zipcode i was staying in. but since he moved into single quarters he also lost his BAS. we lost a ton of money in the situation.....i can tell you 100% positively that they wont give full BAH for both locations not sure what the exact current policy is though, check with your JAG office or finance to get the details.
2007-09-14 10:42:53 · answer #5 · answered by CRmac 5 · 2⤊ 0⤋
as long as you remain married, he is entitled to BAH at the With Dependent rate. YOU WILL NOT GET consideration for maintaining two households. BAH remains at his duty station location, and he may not be able to live in the barracks since he is married and has accompanied Orders.
meaning you will be maintaining 2 households on one BAH. It is technically his money to do with as he sees fit, so he can choose to let you have access to all of it for your your use, or he can keep it all to maintain his quarters. If you live in PPV housing or regular MFH, it;s a wash.. either he forfeits BAH entirely or the entire amount is allocated to PPV.
additionally,since this is voluntary, no FSH allowance for you, and the move will not be paid for.
2007-09-14 10:40:48 · answer #6 · answered by Mrsjvb 7 · 4⤊ 0⤋
He will not get more or additional money while you are seperated. It's the BAQ that he is already recieving for being married. Thats what the regulation says.
Hope that helps
2007-09-14 10:52:55 · answer #7 · answered by Anonymous · 2⤊ 0⤋
You need to check with the JAG office I'm not total sure how that all works. You might want to see if you all can work something out instead though.
2007-09-14 10:36:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
so you just want to divorce him and work it out so that you get the most money out of it you can that is just flat out wrong
2007-09-14 10:30:06 · answer #9 · answered by Mariah W 1 · 1⤊ 0⤋