Posted on May 30, 2024

Who gets the BAH back pay when going through a divorce?

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So my wife and I are going through a divorce, she had called me while on my rotation to Korea saying she wanted to get a divorce. We weren’t married for even a year yet. During that time we never received bah until about 7 months later and I had received back pay just as I was about to get back. My ex wife says she’s entitled to all the back pay since I only got it cause of her and her child (this is a child from her previous partner). Is this true? I’m currently just now able to move into a house on post and would like to use that money to furnish and put food in the house.

Posted in these groups: Divorce

Divorce

Posted >1 y ago

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LTC Kevin B.

Posted >1 y ago

Assuming she goes after it in divorce court, it sounds like the BAH would be treated as community property, and the division would be based on what the court decides (likely 50/50, but the court would decide). The BAH is based on having a dependent, not the number of dependents. Her child is likely immaterial to the distribution.

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COL Randall C.

>1 y

SPC (Join to see), the only item is add is that it you're moving into on-post housing, you'll be required to vacate it within 30 days once the decree is final.

Until then, it you are unable (or unwilling) to live together, then it will be up to the post commander, in consultation with JAG and the two of you, to determine who is able to live in housing.

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