Posted on Jul 30, 2021
Do I need to give up 100% of BAH to my wife during divorce?
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I live in Off-Post housing. My wife cheated and left to Idaho to live with her family. We have no children. Is there a way to maintain BAH and just pay spousal maintenance until the divorce is finalized? Married for 23 months. My CMD is telling me that I need to send 100% of the BAH to my wife until the divorce is final, and I still have an off-post apartment.
BAH
Divorce
Posted >1 y ago
Responses: 8
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AR 608-99 covers how much you have to pay until you have a court order in your divorce. Your command can't make you pay more or less, except in certain special circumstances
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CPT Lawrence Cable
CPL(P) (Join to see) - You want to talk to a legal expert as soon as you can. Has she filed for Divorce already? If she hasn't, I would look at the divorce laws in both the state I was stationed and my home of record, most states will let service members file in their home state. With no children and the length of marriage, it can be a quick process if both parties cooperate, but it depends on the state.
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CPL(P) (Join to see)
CPT Lawrence Cable Thank you, Sir. I have reviewed the AR that SFC Jason Boyd sent me. I appreciate the help.
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Talk to a lawyer, check the laws in the state that the divorce was filed in because your requirements may be different than in the state you're stationed in. Last thing you need is to let your command screw you over, and cost you more time and money than you need to waste.
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Your CMD is full of crap. You and your wife are separated. She left you. But until you get a divorce she is still your wife by law. You need to seek out a divorce attorney and speak to JAG. Disregard what your CMD is saying. Your BAH is for your apartment.
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CPT Lawrence Cable
AR 608-99 sect. 1.7 states that she is entitled to an amount equal to your BAH rate until the divorce is final, then the Court ordered amount overrides that requirement.
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Military Spouse Entitlement During Separation and Divorce
Learn more about Military Spouse Entitlement During Separation and Divorce and divorce alternatives you may not have considered before from the experts at The Marriage Restoration Project.
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Contact your legal assistance office or brigade legal office and finance, they will go over AR 608-99 with you about how much you have to provide while still married. If you have a joint bank account, contact your bank as soon as possible and fix that. Additionally, if she has any powers of attorney talk to your JAG about getting that revoked and any new ones issued to a different party if needed.
As SFC (Join to see) said, they can't make you pay more or less. Remember trust but verify, always check that regulation against what you're being told. Especially if what you're being told can negatively impact you.
Cpl Ray Fernandez is also correct in that you want to inform your JAG and any future attorney you might have of where the divorce is being filed rather than where you are stationed.
MSG (Join to see) is also right, you can get NJP'd for failing to provide per the regulation. Additionally, you may want to consider having a plan to move back to the barracks as that could very well happen.
Finally, until you are officially divorced, no playing with anyone else. The Army still considers you married regardless of the issues and you can still get hemmed up.
As SFC (Join to see) said, they can't make you pay more or less. Remember trust but verify, always check that regulation against what you're being told. Especially if what you're being told can negatively impact you.
Cpl Ray Fernandez is also correct in that you want to inform your JAG and any future attorney you might have of where the divorce is being filed rather than where you are stationed.
MSG (Join to see) is also right, you can get NJP'd for failing to provide per the regulation. Additionally, you may want to consider having a plan to move back to the barracks as that could very well happen.
Finally, until you are officially divorced, no playing with anyone else. The Army still considers you married regardless of the issues and you can still get hemmed up.
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SFC (Join to see)
Actually, in 2018 the Army updated the regulation to recognize official separation. So, a person who is officially separated can now date and see other people. It seems silly, but states like North Carolina require that you are officially separated for a year before you can finalize your divorce.
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Start packing your things because you will probably end up moving to the barracks. Unless your command allows you to stay at the apartment. I know from experience that yes, you need to pay her the BAH amount as prescribed in the regulations. If you do not pay her, and an audit is done...you will get burned for an Article 15.
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