If a soldier is not legally separated from their spouse, and she is living with another married soldier, do you still have to pay them BAH?

SGT Private RallyPoint Member — Mon, 02 Jan 2017 00:51:36 -0500

If a soldier is not legally separated from thier spouse but she is living with another married soldier do you still have to pay them bah

Response by SSG Private RallyPoint Member made Jan 2 at 2017 1:15 AM

SSG Private RallyPoint Member — Mon, 02 Jan 2017 01:15:01 -0500

This is a question for JAG I would not take advice about this from this site go see your local JAG tomorrow morning.

Response by MSG Private RallyPoint Member made Jan 2 at 2017 1:18 AM

MSG Private RallyPoint Member — Mon, 02 Jan 2017 01:18:42 -0500

I'd be getting a REALLY good divorce lawyer. But seriously, contact your JAG office about this one

Response by PO3 John Wagner made Jan 2 at 2017 3:08 AM

PO3 John Wagner — Mon, 02 Jan 2017 03:08:22 -0500

I should think not. But I don't know if not legally separated it may remain a question however, I think it should be the right of the active military member as to wether to make the pay,ent or at least have the decision adjucated by the command in tandem with the legally married couple

Response by Maj Kim Patterson made Jan 2 at 2017 4:49 AM

Maj Kim Patterson — Mon, 02 Jan 2017 04:49:05 -0500

More details would be needed to make such a decision. The BAH is intended for living quarters for married soldiers who cannot bring a spouse into the barracks as a residence. (There may be an extreme exception) It is not specific to a person. When this question came up back in the dark ages, a soldier might be moved back to the barracks and the BAH continue to pay for the residence until legal issues are resolved.

Response by SGM Erik Marquez made Jan 2 at 2017 8:32 AM

SGM Erik Marquez — Mon, 02 Jan 2017 08:32:46 -0500

its two separate issues.
if still legally married you have legal obligations....do not quit those because its "unfair'. ask JAG, they are the experts in mil law.

the other issue, is best left to your lawyer, her chain of command and perhaps the IG
remember cohabitation is not a violation , adultery is.. but one does not prove the other.

Response by LTC Private RallyPoint Member made Jan 3 at 2017 5:25 AM

LTC Private RallyPoint Member — Tue, 03 Jan 2017 05:25:42 -0500

SGT Private RallyPoint Member define "you". If it is the government. Yes the Soldier still gets the BAH. If asking if the Soldier needs to pay for the roof over the wife's head. Well you are receiving BAH to pay for living quarters for spouse and yourself. Contact the lawyer to see if paying rent for a place that was meant for both is good enough or if you are required to provide rent to the spouse as well.

If a married Soldier has another married Soldier's wife staying with them this seems like something the chain of command might need to get involved with due to perception, particularly if they are in fact the husband and wife are not just putting that wife up in an extra bedroom while they get divorced. That could hurt the other Soldier's career. Either way is a mess and needs to be sorted out the sooner the better.

Response by Cpl Justin Goolsby made Jan 3 at 2017 9:16 AM

Cpl Justin Goolsby — Tue, 03 Jan 2017 09:16:59 -0500

Well if you're not legally separated, that's called adultery. Plain and simple. Military doesn't have those grey areas that civilians might have. In fact, that other soldier could be brought up on charges for sleeping with another man's wife. In regards to BAH, you shouldn't have to. BAH is for housing. You have a house. If she doesn't want to sleep under that roof, then she should be milking the BAH out of her new lover who seriously should be brought up on charges.

Response by LCpl Ferdinand Hughes made Jan 5 at 2017 7:11 AM

LCpl Ferdinand Hughes — Thu, 05 Jan 2017 07:11:05 -0500

As long as you are legally married, you're still entitled BAH with dependents.

Response by SSgt Private RallyPoint Member made Feb 16 at 2017 10:38 AM

SSgt Private RallyPoint Member — Thu, 16 Feb 2017 10:38:46 -0500

Sounds like someone needs to be reported for adultery.

Response by MAJ Private RallyPoint Member made Dec 18 at 2018 4:28 PM

MAJ Private RallyPoint Member — Tue, 18 Dec 2018 16:28:18 -0500

Sounds like adultery...