How will getting a divorce while owning real estate impact my BAH?

2021-09-11T15:24:31-04:00

If i have a house solely in my name, and im receiving BAH, have pets(that the spouse will not be taking), and all bills/utilities/mortgage is in solely my name, and I get divorced......is there any way that I can continue to get BAH in order to keep up with house payments/utilities/have somewhere to keep my pets? or will the army basically say "nope. no more BAH, you should sell your house and give away your pets"

-loc: fort campbell KY

Response by SSG Brian G. made Sep 11 at 2021 4:32 PM

2021-09-11T16:32:46-04:00

Ok. The Army could go one of two ways. As you would be divorced, single again and a PVT, they could say no you no longer get BAH and must move into the barracks. The other way they could go is as you are already in a house, and getting BAH, they may let you keep it but reduce your BAH to just BAH without dependents. No the animals do not count as dependents. Get with you command. No one here can really definitively answer your question.

Response by SPC Private RallyPoint Member made Sep 11 at 2021 7:48 PM

2021-09-11T19:48:09-04:00

It all depends on your installation housing guidance. Most installations allow you to submit an ETP for reasons such as these, but you need to engage your CoC.

Response by SGT Chris Padgett made Sep 11 at 2021 11:51 PM

2021-09-11T23:51:32-04:00

Let me tell you about how my divorce and the Army went.
24 years later and they still don't know.
Don't suggest anyone else try it. I was super short at the time.

Response by CSM Darieus ZaGara made Sep 12 at 2021 5:22 AM

2021-09-12T05:22:44-04:00

I do not recommend that you with hold the information. That would be a slippery slope that you would not recover from when caught.

Inform your command and explain the issues, likely for them to understand, for the short term. For the long term you need to think realistically how home ownership and pets workout for a single Soldier. Normal duty alone does not likely allow you to run home and take out the pets, the same is true when you have assigned duty’s overnight, or longer training periods. All of it costs money, money that a private does kit usually have. I am sure you do not wish to neglect your pets.

Bottom line speak to the command, request that they waiver and look for a more reasonable permanent solution.

Response by SFC Private RallyPoint Member made Sep 12 at 2021 7:35 AM

2021-09-12T07:35:59-04:00

There is an exception to policy that may be granted by the post commander to allow you to continue to receive BAH for a while

Response by SSG Private RallyPoint Member made Sep 12 at 2021 8:48 AM

2021-09-12T08:48:24-04:00

You need to be asking your chain of command this question. Be pro-active with potential problems.

Response by SSG Russell Busicchia made Sep 12 at 2021 12:12 PM

2021-09-12T12:12:22-04:00

I wouldn't worry about the Army, I'd worry about the court. In many states the house is considered part of community property and will be considered as part of the settlement. You might have to sell the house to pay your, soon to be. ex. The Army will either tell you to move into the barracks or allow you to stay there and keep some of your BAH. I'd be looking into having someone take care of your home and rent it. Another scenario is the Army allowing you to live off post without BAH. In that case I'd look into getting roommates. You have much to discuss with your lawyer and your command group.

Response by LTC David Brown made Mar 13 at 2022 11:06 AM

2022-03-13T11:06:52-04:00

I am not a lawyer but a few common sense things come to mind. You should want to separate your ex-spouse from yourself AND the Military. This would involve changing your SGLI beneficiary, removing her military ID etc. You don’t want her going on post as your dependent and showing her rear etc.Better to tie up loose ends in my opinion.

Response by LTC Ray Buenteo made Mar 13 at 2022 11:11 AM

2022-03-13T11:11:46-04:00

Bah is based on with or without dependent.

Response by LTC Ray Buenteo made Mar 13 at 2022 11:17 AM

2022-03-13T11:17:52-04:00

Old army would say “we did not issue you those pets and house.” New army would say BAH with or without dependents.

Response by A1C Private RallyPoint Member made Apr 3 at 2022 2:48 AM

2022-04-03T02:48:43-04:00

I plan to get a divorce, but I own real estate property with my wife. Will that have an impact on my BAH? I'm not sure how it works for other branches, but in the Army, if you're married and own property together, your housing allowance will be calculated based on the value of your home. However, you can visit https://www.webuyhousesfortlauderdale.com/ to sell your houses in Fort Lauderdale. if you are separated or divorced and own property together while living separately, your housing allowance will be based on the value of your house divided by 2. This is because each spouse is responsible for half of the mortgage payment.

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