me and my husband want to get a divorce but he is in the military?

Question

my question is how does it work?
we have 5 &1/2 months left on our lease,plus he gets BAH and COLA for me and my daughter.
Do they take that away?Do they give the wife anything?Like not trying to be greedy just wondering?or it desnt matter?
he still has till 2011,so what happens?
i just want what i have in the closet he can keep everything.does that help?
BTW we have been married a year and 2 months

Answer 1

ok first of all the military does not determine how much child support/alimony you get....your state of residence (which is where you need to file) does. He will keep with dependent rate BAH until your divorce is final. However if you and your daughter leave the area where he is being paid COLA for and go to a noncola area he will drop to single rate COLA immediately and you are not entitled to any of that...for you or your child. My husband and I were happily married and I came back to the US for 3 mos from Japan and he lost COLA for me and my children until we returned. Most likely depending on what state you live in only being married a year you wont get alimony....and they wil take both his income and yours into consideration when they figure child support. Depending on his rank (and custody arrangements) he may or may not keep BAH at single rate after the divorce is final and recieve BAQdiff pay for your daughter. This goes towards his child support not in addition to his child support. If he is low rank he will most likely be moved into the dorms/barracks once the divorce is final and not get any BAH (may still get BAQ for the baby though). Btw you say MY daughter......if she is not his then none of this matters, the day your divorce is final your ties to the military are over. If she is his daughter too she will keep Tricare until he seperates from service,and then unless he retires it is between the 2 of you (depending on what the court orders) to get other health insurance on her. The military will make sure he pays whatever the court orders but otherwise you get nothing from them whatsoever.

Answer 2

I hope that you can get down to this one and read it.

First and most importantly, know that you will only get what is agreed in court for child support and whatever else your husband may provide. But he's only required to pay the support agreed upon in the divorce decree The military (don't know what branch you're in) will not pay you directly.

Having said that... let me tell you what entitlements he will receive. If he moves back into the Barracks and chooses not to live off base, he'll lose his BAH and only receive a rate that is equal to approximately the difference between the With Dependent's (what you're receiving now) rate and the Single rate -- usually between $150 and $250 depending on paygrade. If he lives out in town, he'll continue to receive BAH at the With Dependent's rate as long as he's paying the Child Support. As far as COLA goes, it depends upon where he's stationed. I'd check with your personnel office or base legal for more details.

Make sure to have the divorce reported to the command to avoid any chance of BAH fraud from coming up.

Answer 3

Well my best friend caught her hubby cheating and he was in the Navy. She went to his commanding officer and he ended up getting dismissed from the military. I would say consult with legal counsel at his military base. As a military wife you are entitled to a portion of his salary depending on how long you guys have been married. Do a Google or Yahoo search and several websites will pop up on military divorce also. You need to get on this asap. I would not wait for him to return, start getting your ducks in a row now.

Answer 4

You go to a civilian lawyer and get divorced.

Depending on what the terms of the divorce settlement is, will decide what you get.

Generally, as soon as your divorced, you as the wife, get nothing, you have no connection to the military anymore.

Your child on the otherhand, will still have a dependent ID card and still be enrolled in tricare.

If you the wife have custody of the child:

If the court orders child support, your husband will recieve a special BAH, not the full amount, to be paid to support the child.

If your husband gets custody, then you will go on with your life with nothing from the military.

The military only provides benefits to military members and thier dependents.

Ex wifes aren't included.

There are special rules, for marriages that last over 10 years, while the military member is on active duty.

Answer 5

While you are separated, you are entitled to the BAH until the divorce is final if you have physical custody. After divorce, you will receive partial BAH for the child, since it is still his dependent, and the child will also will be covered by military health care. I don't want to preach, but a year and a half is not really giving it a chance. The worst thing you can do is fight over things, and put the child in the middle of it. Try to come to a mutual understanding for child support. If you don't you may find yourselves unhappy and in a never ending court battle.

Answer 6

Personal property division will depend on the state you file in...each has it's own set of rules. Your husband will continue to get dependent rate BAH and COLA. Since you are not going to continue living with him, he may have to break the lease and get a smaller place, depending on what the courts determine is appropriate child and (if eligable) spousal support. Child support in most states is determined by a percentage of income. Some military income is not taken into consideration...again it varies by state. Once the courts award child support, the military will automatically deduct it from his check and either deposit it directly into your account or, if your state uses a program where the money goes to them and they pay you, directly to the state. Your child will be covered by military health care for as long as your ex is eligable and will also have commisary and bx privelages. You will be given a military ID card in order to get on base. Depending on the state, if legal seperation is required and length of seperation required, you should be eligable for military health benefits as well until the divorce is finanlized. Spousal support varies by state. The best thing to do is contact a divorce attorney who has expeirence in working with military couples.

Answer 7

First off check with Jag. They will inform you that you cannot divorce him right away. Especially if he is overseas or in an active combat zone. They have a real problem with Dear John letters & divorces in time of wars.

You will recieve an amount of child support based on his salary. You can stay in housing until, the paperwork is filed.
Alamony will be based on the state where you were married. In CA. it is based on time spent married, up to 50%.

Now based on the the amount of Money he makes as a soldier, and the amount of time you have been married ( even if you are in a joint community state ) you ain't gonna get SH**.

I suggest some marriage counseling and help from your religous leaders.

If I was to say as far as bettering yourself by divorce, you couldn't have picked a worse person in the world to marry, fiancially and benefit wise.

Answer 8

You may lose the housing, as a non-spouse, but he is still liable for child support. You don't say if you are employed but that will make a difference. Contact legal aid on post. If they can help you have a friendly separation it is better for you and for the Service. If it is a military related housing complex then there may be outs you can take on the lease. Or you may well be able to stay there if he is overseas.

Answer 9

Sorry but you should go speak to Jag about this, because you have not been married 10 yrs you wont get anything, depending on his pay they can tell you how much he will have to pay you for child support, your daughter will continue to have tricare, and dental unless (no offense) she is not his child.
I suggest going to talk to Jag ( hopefully he hasnt gone 1st) because I am not a Lawyer but I have had many friends who have gone through this, I am sorry this has happen and I wish noting but the best for you and your daughter, I hope you can walk away and be at peace with what ever does happen.

Good Luck,
Armywife & Soldier

Answer 10

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