I have been married for 2 years, my husband is in the marine corps. He came to me last month and said he wanted a divorce. I have come to find out that he is cheating on me. He kicked me out of our apartment and i am now living with family and driving sixty miles one way to work until i find a new job. He is still getting paid BAH for me being his dependent, however he is not giving me any of the money and has not been helping me out at all and says he has filed that papers but i have not seen anything, so i want to file myself, but i was wondering what my rights are as a military spouse and what can i do??
2007-11-04 11:14:50 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Okay. First, adultery in the military is illegal and punishable by court martial. Legally, you have no rights to the housing allowance. While you are still his spouse you have normal spousal privileges ( medical, PX and Commissary, base access, etc). Once you divorce him you lose everything. The only thing I can tell you is, if he is cheating, then run his butt through the ringer in the divorce. Get every dime out of him you can.
I have read the posts below mine, and they are wrong. BAH (Basic Allowance for Housing) is the money he gets to live off base. If he is living off base, then he is entitled to that money with or without you. Contacting his First Sergeant or Commander, without undisputable proof that he is cheating on you, will only get you laughed at.
2007-11-04 11:20:57 · answer #1 · answered by Anonymous · 0⤊ 1⤋
You say he "kicked you out of your apartment"? Was that base housing? If it was civilian houseing then you would HAVE to be on the lease as well and it would be impossible for him to kick you out since being on the lease the only person who could have done so would be the landlord. As far as BAH is concerened, he will probably get it for awhile, it's that proverbial "red tape". Orders sit on someone's desk for weeks even MONTHS before anything is filed/signed. I suggest you find a lawyer who is well versed in military law and find out what you can do. At this point you don't know IF he has filed frankly I'd seize the opprituntiy and file myself, but again consult a lawyer who knows domestic military law. As for him cheating on you...unless you have eveidence, tangible proof it is your word against his and military sticks up for military besides adultery is no longer grounds for divorce.
2007-11-04 19:31:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Most of these answers are almost right. While he is getting paid BAH to live off post, he may only be entitled to this because of you. You do need to talk to his commanding officer and to a JAG lawyer. You are allowed since you are still married to him to see the military lawyer. You need to let them know about the adultery and other issues with his pay since you are not living together. He may be forced to pay you support money until the divorce goes through.
2007-11-04 19:52:00 · answer #3 · answered by baseballdad69 5 · 0⤊ 0⤋
He is committing fraud if he is collecting bah for you and not provideing money to take care of you ... See his TOP BOSS... They by law as long as you r his wife have to provide this to you ... Put it in writing so the command cannot play around with this... Get it notorized. . YOU ARE HIS wife until the judge grants the final divorce date!!! Take him to court and everything will come out ... he'll look sooooooooo bad ...What he is doing is hateful!!
2007-11-04 19:29:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There are a few things to do. However they wont do much for you. You can call his first sargent and inform him you are no longer living there. You need to file divorce papers. He is holding out as long as he can. And then do what you have to and move on. There is a chance that he hasnt informed his boss yet. And he could get in some trouble but I doubt it.
2007-11-04 19:23:25 · answer #5 · answered by Bob D 6 · 0⤊ 1⤋
okay first off contact his commanding officer and tell him or her that the two of you are not living together and that you are not getting any of the money that you are entitled too . also get an attorney and they will see that you file as well . I think he is blowing his own horn go ahead and file . I would let his commanding officer know everything and I dont think you will have any problems once you let them know what is going on . good luck and god bless.
2007-11-04 19:20:56 · answer #6 · answered by Kate T. 7 · 2⤊ 0⤋
i agree with Kate M, however, you ARE entitled to at least half of the BAH. he would not get that money if he was not married to you. regardless of who files there are going to be things to be said about his conduct, and the comment about court martialing him for being a cheater is accurate.
2007-11-04 19:24:21 · answer #7 · answered by miatine 2 · 0⤊ 0⤋
Call his base and ask for Legal. You will have to go and speak with them in person but you can really screw him up in the Corps. They frown on soldiers not living up to their responsibilities......cheating, non support, abuse...etc are all NJP's and if investigated, could land him in the brig.
2007-11-04 19:26:40 · answer #8 · answered by Lisa W 5 · 0⤊ 0⤋
This is a legal issue, you need to consult a lawyer.
Lawyers are very expensive, but you can go to a paralegal, they know about this just as lawyers do.
2007-11-04 19:18:51 · answer #9 · answered by Mother of three 4 · 0⤊ 1⤋
call his first sgt. and let them know what he did. they make sure you are okay. he will get baq taken away and pay it back. then take him to court.
2007-11-04 20:01:20 · answer #10 · answered by VERNON C 2 · 0⤊ 0⤋