Posted on Jul 30, 2021
Do I need to give up 100% of BAH to my wife during divorce?
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I live in Off-Post housing. My wife cheated and left to Idaho to live with her family. We have no children. Is there a way to maintain BAH and just pay spousal maintenance until the divorce is finalized? Married for 23 months. My CMD is telling me that I need to send 100% of the BAH to my wife until the divorce is final, and I still have an off-post apartment.
BAH
Divorce
Posted >1 y ago
Responses: 9
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AR 608-99 covers how much you have to pay until you have a court order in your divorce. Your command can't make you pay more or less, except in certain special circumstances
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CPT Lawrence Cable
CPL(P) (Join to see) - You want to talk to a legal expert as soon as you can. Has she filed for Divorce already? If she hasn't, I would look at the divorce laws in both the state I was stationed and my home of record, most states will let service members file in their home state. With no children and the length of marriage, it can be a quick process if both parties cooperate, but it depends on the state.
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CPL(P) (Join to see)
CPT Lawrence Cable Thank you, Sir. I have reviewed the AR that SFC Jason Boyd sent me. I appreciate the help.
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Talk to a lawyer, check the laws in the state that the divorce was filed in because your requirements may be different than in the state you're stationed in. Last thing you need is to let your command screw you over, and cost you more time and money than you need to waste.
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Your CMD is full of crap. You and your wife are separated. She left you. But until you get a divorce she is still your wife by law. You need to seek out a divorce attorney and speak to JAG. Disregard what your CMD is saying. Your BAH is for your apartment.
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CPT Lawrence Cable
AR 608-99 sect. 1.7 states that she is entitled to an amount equal to your BAH rate until the divorce is final, then the Court ordered amount overrides that requirement.
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