Do I need to give up 100% of BAH to my wife during divorce?

2021-07-30T20:30:55-04:00

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.

Response by MSgt Private RallyPoint Member made Jul 30 at 2021 9:03 PM

2021-07-30T21:03:52-04:00

https://themarriagerestorationproject.com/military-spouse-entitlement-during-separation-and-divorce/

Military Spouse Entitlement During Separation and Divorce

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Response by SSG Edward Tilton made Jul 30 at 2021 10:23 PM

2021-07-30T22:23:53-04:00

Don't tell me you are using JAG

Response by SSG Brian G. made Jul 30 at 2021 11:20 PM

2021-07-30T23:20:34-04:00

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.

Response by CW2 Private RallyPoint Member made Jul 30 at 2021 11:57 PM

2021-07-30T23:57:41-04:00

Is your wife aware of the regulation?

Response by SFC Private RallyPoint Member made Jul 31 at 2021 12:30 AM

2021-07-31T00:30:55-04:00

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

Response by Cpl Ray Fernandez made Jul 31 at 2021 4:50 AM

2021-07-31T04:50:52-04:00

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.

Response by MSG Private RallyPoint Member made Jul 31 at 2021 10:53 AM

2021-07-31T10:53:01-04:00

Start packing your things because you will probably end up moving to the barracks. Unless your command allows you to stay at the apartment. I know from experience that yes, you need to pay her the BAH amount as prescribed in the regulations. If you do not pay her, and an audit is done...you will get burned for an Article 15.

Response by SPC Private RallyPoint Member made Jul 31 at 2021 1:21 PM

2021-07-31T13:21:05-04:00

Contact your legal assistance office or brigade legal office and finance, they will go over AR 608-99 with you about how much you have to provide while still married. If you have a joint bank account, contact your bank as soon as possible and fix that. Additionally, if she has any powers of attorney talk to your JAG about getting that revoked and any new ones issued to a different party if needed.

As SFC Private RallyPoint Member said, they can't make you pay more or less. Remember trust but verify, always check that regulation against what you're being told. Especially if what you're being told can negatively impact you.

Cpl Ray Fernandez is also correct in that you want to inform your JAG and any future attorney you might have of where the divorce is being filed rather than where you are stationed.

MSG Private RallyPoint Member is also right, you can get NJP'd for failing to provide per the regulation. Additionally, you may want to consider having a plan to move back to the barracks as that could very well happen.

Finally, until you are officially divorced, no playing with anyone else. The Army still considers you married regardless of the issues and you can still get hemmed up.

Response by SFC Kelly Fuerhoff made Aug 1 at 2021 4:17 PM

2021-08-01T16:17:08-04:00

Read the AR mentioned below.

Find yourself a divorce lawyer ASAP if you haven't. JAG doesn't represent SMs in divorces - they just give information.

Your command is dumb. But be prepared since you have no kids once your divorce is final, you are probably going to have to move back to the barracks since you'll no longer have dependents. You'll also have to go to finance and stop your BAH with dependent rate even if you get to keep it somehow.