Posted on Feb 4, 2019
SGT Signal Support Systems Specialist
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Question for married soldiers, BAH and divorces. If I stay off post, and I get a divorce. Do I have to move back into the barracks immediately, or will finance allow me to keep getting BAH until I my lease is up?
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SFC Incheon Airport Jppc Ncoic
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If you have a lease, you can request an exception to policy to remain off post at the without dependent rate. Your source document will be your lease. Speak with your Chain of Command immediately, I’m sure they wouldn’t want you to occur a debt because getting a divorce is not grounds for a leasing agent to let you out of a lease. Good luck to you....
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
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SFC (Join to see) - One of the big things they always ensure with Service-member leases was the "ordered to quarters" clause (at least in the USMC). I'm not sure what "legal" issues this could entail, as BAH is an allowance vice an legal right. The Command (Base) can assign quarters, either Housing or Barracks in lieu of BAH on a space available basis. Just because we have reduced total Housing on bases, as matter of convenience does not change that issue.

This protects both the command and the troop. It allows the troop to approach leadership if they find themselves in a "bad lease" or similar situation.

I agree that a good chain of command will attempt to assist in making the soldier's transition less stressful, but when it really boils down to it, they are going to follow local policy of "E-X and below in the barracks unless married" and as soon as the divorce is final the BAH is going to stop.

It's not like this is a surprise to the soldier in question (divorce is a lengthy process). They should already have worked out disposition of household goods and storage by the time the process is completed.
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SFC Incheon Airport Jppc Ncoic
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Point taken, you’re speaking on your experience from the USMC, I’m speaking on experience from the Army. Whether the Soldier know it’s coming or not, it doesn’t change the fact he’s in a lease, most Chain of Command (from my experience in the Army) will grant the Soldier an ETP. Knowing a divorce is coming doesn’t make it easier to accept or prepare for. The last thing the Soldier needs is a Chain of Command that’s unsupportive on top of everything else the Soldier is going through. At the end of the day it’s about taking care of Soldiers. Sgt Aaron Kennedy, MS
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SFC Incheon Airport Jppc Ncoic
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Oh by the way, most divorces are not lengthy, it depends on if children are involved. If no children are involved it’s pretty quick, mine took only 60 daysSgt Aaron Kennedy, MS
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
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SFC (Join to see) - That's a state by state issue more than anything else. IIRC Virginia & NC have 6-12 month separation requirements. That's 1/4 enlistment (lengthy).
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Maj Marty Hogan
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I would get your divorce decree into Finance right away so you are not overpaid with dependent rate. If your base authorizes members to not reside in the dorm you would make single rate BAH. Not really a finance decision but good place to start.
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1SG Operations Sergeant Major
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If you will be single afte the divorce you will be expected to return to the barracks soon as you have the decree. They will take your money back if they find out otherwise.
If you have a child defendant you will get to keep BAH so you have a place for the kid to live when they are with you. If you get full or partial BAH will depend on the level of custody you win.
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