I am getting a divorce and still have a signed lease agreement. Should I still receive the BAH until the lease is done with?

SSG(P) Private RallyPoint Member — Thu, 18 Aug 2016 20:28:31 -0400

Response by SSG Jeremy Sharp made Aug 18 at 2016 8:36 PM

SSG Jeremy Sharp — Thu, 18 Aug 2016 20:36:58 -0400

It is possible since the housing allowance actually belongs to the spouse. You should contact the JAG office, they used to have a FAQ sheet on divorce, benefits and how to reduce your liability. Good Luck!

Response by SN Kevin Neff made Aug 19 at 2016 3:14 AM

SN Kevin Neff — Fri, 19 Aug 2016 03:14:31 -0400

You're a SGT so I don't see why you would stop receiving BAH.

Response by SFC Dave Mccain made Aug 19 at 2016 9:40 AM

SFC Dave Mccain — Fri, 19 Aug 2016 09:40:34 -0400

Both are inaccurate answers. Being a SGT does not automatically entitle BAH. Also, the BAH does not "belong to the spouse." BAH is an allowance given to support the living arrangements of an entitled individual, who's status is deserving based on regulation. Your local JAG office will concur. There is a base level of spousal support that IS mandated, and the JAG can assist you with find that information.
I digress, the initial question. You are receiving BAH as an entitlement based on your marital status. Your entitlement ceases at the moment the divorce is approved, unless an exception is made as approved by your appropriate level commander. Being a government entity, it unfortunately does not adjust entitlements based on choice. The overly harsh answer that I have seen too many times is that both the divorce and the lease were choices, and you should have made plans accordingly. Not my circus, not my monkeys. Sorry to hear about your situation, but also would hate for you to have bad info. Go see JAG and finance, and include your chain in the discussion.

Response by LCpl Ferdinand Hughes made Aug 19 at 2016 2:32 PM

LCpl Ferdinand Hughes — Fri, 19 Aug 2016 14:32:34 -0400

As soon as you get your divorce finalized your BAH with dependents will stop and depending on the base policy with single service members drawing SINGLE BAH. You may have to request it if you are still living out in town.