Posted on Oct 27, 2020
Is BAH based on where I'm stationed at or where my future ex wife is living?
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Divorce
BAH
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It’s where you are stationed at of you are in the states. The army don’t care if your wife is somewhere else in the states
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Assuming of course your not Guard or Reserve? if you are, then it is based on Home of Record. If your regular Army, Duty Station is the answer.
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Your BAH is always based on your duty station, not where your STBX is living. However, you will find that judges will base living standards on the state where the divorce is filed. So if you have a higher BAH at your new duty station due to higher rents/housing, the judge will not usually take the higher cost of housing at your new duty station into consideration. All states allow judges in calculating child support and spousal maintenance to use the BAH as part of the gross income if the BAH reduces living expenses. You will want to discuss this issue with your attorney because of the ramifications that come with an increase or decrease in BAH.
Case in point, my client was transferred in South Korea not long after the divorce was filed. His STBX was asking for child support and spousal maintenance. Her attorney urged the judge to use my client's higher South Korea BAH against him. However, I was able to show (lots of pictures, internet searches for apartments in South Korea, etc.) that the standard of living in South Korea was so high that the BAH rate reduced him to living in a basically a bread box. I argued that the correct BAH to use was what he had when he was stationed in AZ. On the flip side, I represented a spouse that remained here in AZ and the other spouse was stationed in England. I was able to argue that the higher BAH in England allowed that spouse to have a better place to live and still have money left over. Again, I used photos of the new house, internet searches for rentals, etc. The judge used the BAH in calculating child support.
Case in point, my client was transferred in South Korea not long after the divorce was filed. His STBX was asking for child support and spousal maintenance. Her attorney urged the judge to use my client's higher South Korea BAH against him. However, I was able to show (lots of pictures, internet searches for apartments in South Korea, etc.) that the standard of living in South Korea was so high that the BAH rate reduced him to living in a basically a bread box. I argued that the correct BAH to use was what he had when he was stationed in AZ. On the flip side, I represented a spouse that remained here in AZ and the other spouse was stationed in England. I was able to argue that the higher BAH in England allowed that spouse to have a better place to live and still have money left over. Again, I used photos of the new house, internet searches for rentals, etc. The judge used the BAH in calculating child support.
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