Can you still recieve spousal benefits for army if you get legal separation, instead of a divorce?

Question

Im trying to help my sister, who just found out her deployed soldier husband doesnt want to be married with her anymore when he comes from Iraq.

She left jobs for him, stood by him for 8 years, took care of their 1 child.

And no he just wants to leave her.

Its going to be hard and shes thinkng about the child, and whats best for her too.
this is a complete shock.
He just reenlisted for 6 years, without telling her
and then says he doesnt want to stay married.

Shes stuck because she wants to bring the child home with us to help her.
But she doesnt want to take the child away from him completly.

Is she doesnt give him a divorce..sign the papers...
can she ask him for a legal separation.

Does she still get military spouse beneifts?

She wants to try to get a scholarship and a job if she can, so shes not completely left alone.

Which is sad, because she was a good wife and is a great mother

Answer 1

while the militray does not recognize legal separations, he is within his rights to move her out of MFH if she is in it.

all she is entitled to is the BAH, that's it. without a court order, she is technically not even able to get that forcibly given to her.

she keeps her Medical coverage until the divorce is final. the child will remain covered until they are 18(or 25 and a full time college student)

SHE CANNOT refuse to sign the divorce papers, he can still legally divorce her without her consent in most states. and to collect all military benefits in that manner is FRAUD and she could be held liable for the cost and face charges.

Answer 2

1

Answer 3

she will keep medical etc until the divorce is final.....she cant just refuse to divorce him, if she refuses to sign it will become a contested divorce...legal fees will go way up (which SHE will be responsible for since she contested it) and eventually (most states its 6 mos -1 year after he files) the divorce is automatically granted anyway. As for pay....as soon as he tells the military they are seperated he will be cut back to single rate BAH or be moved into barracks/dorms and lose bah all together. He may get a special pay called BAQ diff...to pay child support etc but usually they dont get that until they have a court order to pay child support/alimony. The military will consider this a civil matter and wont get involved most likely unless she can prove that hes getting dependent rate BAH and living alone. IF they had been married 20 years or more and he stays in 20 and retires she would be entitled to the same benefits as the spouse of a retired person PLUS a percentage of his pay every month. but 8 years gets her nothing from the military.

Answer 4

The Army and most states say you are married or you are not married thats it.. She can not sign which would just make it a contested divorce and do nothing but increase legal fees. No court will make someone who doesnt want to be married stay married. After a reasonable length of time the court will grant the husband a divorce... I have no idea what you are talking about with spouse benifits, gonna guess you mean medical, access to commissary and a percent of the housing allowance. Yes she will still get that until divorced.

Answer 5

As long as she is married to him she gets medical care, commissary and PX privileges. As far as money, that is going to be a fight. If she gets a divorce, the judge can award alimony and child support and she can use the court order to attach his salary. The military is very good at going along with court orders. The child will still get medical care as his dependent son..

Tell her to check out the divorce laws in the state where she current live and those in the state where the parents are. If he is going to be deployed for quite a while, it may be better for her to move to the state where the parents are if they have better divorce and support laws.

Answer 6

Hmm....I would be so hurt and mad that I would want to pack up EVERYTHING and move back home. Since he's Army and just reenlisted, he is going to live away from the child anyway. She's not going to keep following him from duty station to duty station once the divorce is complete.

She will keep her dependent status and get a portion of the BAH until the divorce is final.

Answer 7

Sounds like one soldier needs to get his head and a## wired.
The answer to your question is yes.
This soldier in question may need counseling. Have the lady insist on this, and don't give up on the family without a meeting with the soldiers Commanding Officer. Or at least meet with the Company Commander. This soldier may be dealing with PTSD and not handling it well.
Yes benefits are still available even if separated, but still legally married.