Posted on May 5, 2023
Can I live in the barracks when going through an uncontested divorce or do I have to wait until BAH stops?
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My wife left my base and went back to her hometown in a different state and now we are getting an uncontested divorce that in my state will only take 30 days to finalize once submitted I asked my 1sgt and commander if I can stay in a temporary barracks room until my divorce is finalized but they told me that isn't possible, that I have to wait until i am no longer receiving bah before I can stay in the barracks
Divorce
Barracks
Posted 1 y ago
Responses: 6
On many bases, voluntary moving to the barracks if you are receiving BAH may need the approval of someone higher than your unit Commander, so that may be impacting. In other cases, the Commander can give the approval.
If you were still living together, that would be a different situation and Army policy makes it an option (you'd have to go through a few extra steps), but that doesn't appear to be the case now - your wife moved back to her hometown and you're by yourself.
The military has ways through a pending divorce scenario regarding BAH, but all of them are cases of "they are married and one needs to move out pending divorce".
Is there some other aspect of your situation that isn't clear?
If you were still living together, that would be a different situation and Army policy makes it an option (you'd have to go through a few extra steps), but that doesn't appear to be the case now - your wife moved back to her hometown and you're by yourself.
The military has ways through a pending divorce scenario regarding BAH, but all of them are cases of "they are married and one needs to move out pending divorce".
Is there some other aspect of your situation that isn't clear?
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PFC (Join to see)
Yes majority of my pay is going to her so that she has a place to live, food, and anything that she needs. I agreed to this so that she would agree to do the uncontested so I am paying for two rents
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COL Randall C.
PFC (Join to see) - Here's your situation in the eyes of the Army in a nutshell.
1) You are married or you're not (there is no 'legally separated in DoD's eyes, but they DO give guidance regarding situations where the spouses are currently living together pending a divorce).
2) You are required to financially support your dependents until they aren't your dependents (in other words, a final decree of divorce is granted).
3) Any agreements about financial support between you and your spouse don't matter unofficially to the Army.
Right now your situation is the same as any other Solider that is collecting BAH and wants to live in government provide quarters specifically because you and your spouse are not living together at the moment. Yes, you are financially strained, but that is a different situation than your pending divorce.
IF your spouse was still here, then you moving into the barracks pending the final divorce would be one thing. Because she moved back home and you agreed to to financially support another place for her to live is on you (again, in the Army's eyes).
I am making an assumption that what you're trying to do is terminate the existing lease you have for your off-base housing and move into the barracks in order to save money. Is that correct? Did you explain your financial strain to your Commander or did you just ask if you could move back into the barracks?
Again, your Commander MAY have the authority to place you in the barracks if you are collecting BAH or you may have to get approval from some other entity. It's going to be driven by the post policies/regulations. For instance, at JBLM, the command can authorize a temporary stay for Soldiers in your situation for up to 72 hours. After that you have to have the approval of the Garrison Commander.
For your eventual final divorce, I would advise you to look over AR 608-99 which talks about BAH and divorce decrees. It sounds like you're doing a "you go your way and I'll go my way - no kids and I don't owe you anything after we call it quits" type of divorce. If so, then it shouldn't really apply, but if there is ANY agreement about you providing financial support beyond the final divorce decree, then you need to understand what and how the Army treats those agreements and what type of formal agreement must be in place.
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* AR 608-99 - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30639-AR_608-99-000-WEB-1.pdf
1) You are married or you're not (there is no 'legally separated in DoD's eyes, but they DO give guidance regarding situations where the spouses are currently living together pending a divorce).
2) You are required to financially support your dependents until they aren't your dependents (in other words, a final decree of divorce is granted).
3) Any agreements about financial support between you and your spouse don't matter unofficially to the Army.
Right now your situation is the same as any other Solider that is collecting BAH and wants to live in government provide quarters specifically because you and your spouse are not living together at the moment. Yes, you are financially strained, but that is a different situation than your pending divorce.
IF your spouse was still here, then you moving into the barracks pending the final divorce would be one thing. Because she moved back home and you agreed to to financially support another place for her to live is on you (again, in the Army's eyes).
I am making an assumption that what you're trying to do is terminate the existing lease you have for your off-base housing and move into the barracks in order to save money. Is that correct? Did you explain your financial strain to your Commander or did you just ask if you could move back into the barracks?
Again, your Commander MAY have the authority to place you in the barracks if you are collecting BAH or you may have to get approval from some other entity. It's going to be driven by the post policies/regulations. For instance, at JBLM, the command can authorize a temporary stay for Soldiers in your situation for up to 72 hours. After that you have to have the approval of the Garrison Commander.
For your eventual final divorce, I would advise you to look over AR 608-99 which talks about BAH and divorce decrees. It sounds like you're doing a "you go your way and I'll go my way - no kids and I don't owe you anything after we call it quits" type of divorce. If so, then it shouldn't really apply, but if there is ANY agreement about you providing financial support beyond the final divorce decree, then you need to understand what and how the Army treats those agreements and what type of formal agreement must be in place.
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* AR 608-99 - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30639-AR_608-99-000-WEB-1.pdf
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When I was getting divorced, I was moved to the Geo Barracks until my divorce was finalized. All BAH was to go to the soon to be Ex. Once the divorce was done, and no longer receiving BAH, I was moved to the regular Barracks
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There are generally waivers for exveryyhing, in this case you are talking about using space set aside for someone else. If the command supported your request, what happens when they have a valid requirment for another Soldier. As for uncontested divorces, that is only a hope and a prayer prior to the signing. All to often Spouses are influenced by friends and Family convincing her that you owe more in the deal.
Any rate there are too many variables and as long as you are paid BAH you are not authorized a room. If you are sure of the uncontested divorce then stay at your current residence for the months bud get into the barracks in the back side.
Any rate there are too many variables and as long as you are paid BAH you are not authorized a room. If you are sure of the uncontested divorce then stay at your current residence for the months bud get into the barracks in the back side.
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