SPC Private RallyPoint Member8769509<div class="images-v2-count-0"></div>So my wife and I are going through a divorce, she had called me while on my rotation to Korea saying she wanted to get a divorce. We weren’t married for even a year yet. During that time we never received bah until about 7 months later and I had received back pay just as I was about to get back. My ex wife says she’s entitled to all the back pay since I only got it cause of her and her child (this is a child from her previous partner). Is this true? I’m currently just now able to move into a house on post and would like to use that money to furnish and put food in the house.Who gets the BAH back pay when going through a divorce?2024-05-30T14:04:38-04:00SPC Private RallyPoint Member8769509<div class="images-v2-count-0"></div>So my wife and I are going through a divorce, she had called me while on my rotation to Korea saying she wanted to get a divorce. We weren’t married for even a year yet. During that time we never received bah until about 7 months later and I had received back pay just as I was about to get back. My ex wife says she’s entitled to all the back pay since I only got it cause of her and her child (this is a child from her previous partner). Is this true? I’m currently just now able to move into a house on post and would like to use that money to furnish and put food in the house.Who gets the BAH back pay when going through a divorce?2024-05-30T14:04:38-04:002024-05-30T14:04:38-04:00LTC Kevin B.8769603<div class="images-v2-count-0"></div>Assuming she goes after it in divorce court, it sounds like the BAH would be treated as community property, and the division would be based on what the court decides (likely 50/50, but the court would decide). The BAH is based on having a dependent, not the number of dependents. Her child is likely immaterial to the distribution.Response by LTC Kevin B. made May 30 at 2024 3:20 PM2024-05-30T15:20:37-04:002024-05-30T15:20:37-04:00MAJ Ron Peery8771130<div class="images-v2-count-0"></div>If you haven't talked with a JAG yet, do so. It's free, you know, and they can tell you more than us guys online.Response by MAJ Ron Peery made May 31 at 2024 7:52 PM2024-05-31T19:52:27-04:002024-05-31T19:52:27-04:00MAJ Byron Oyler8771233<div class="images-v2-count-0"></div>It depends if the BAH is covered in the divorce decree.Response by MAJ Byron Oyler made May 31 at 2024 9:27 PM2024-05-31T21:27:15-04:002024-05-31T21:27:15-04:00PVT Alejandro Rivera8771471<div class="images-v2-count-0"></div>GET A GOOD LAWYER.Response by PVT Alejandro Rivera made Jun 1 at 2024 7:36 AM2024-06-01T07:36:59-04:002024-06-01T07:36:59-04:00LTC Private RallyPoint Member8771553<div class="images-v2-count-0"></div>Are you divorced? If the payment came after the divorce she is entitled to none of it unless it's in your divorce agreement. If you are not yet divorced she can go after that money in the divorce as a joint asset but your requirement to support her doesn't change at all.Response by LTC Private RallyPoint Member made Jun 1 at 2024 10:14 AM2024-06-01T10:14:05-04:002024-06-01T10:14:05-04:00MSgt Frank Askins8772035<div class="images-v2-count-0"></div>I'm still amazed at some of the questions posted on this forum. Most replies you receive will be from "barracks lawyers". Why not visit your JAG and Finance offices to get the information you seek.Response by MSgt Frank Askins made Jun 1 at 2024 7:47 PM2024-06-01T19:47:03-04:002024-06-01T19:47:03-04:00SSG Roger Ayscue8772251<div class="images-v2-count-0"></div>Specialist I can not stress this enough, get a good lawyer. Get a good lawyer, it is so worth it.Response by SSG Roger Ayscue made Jun 2 at 2024 2:49 AM2024-06-02T02:49:37-04:002024-06-02T02:49:37-04:002024-05-30T14:04:38-04:00