Does a soldier have to pay back BAH and BAS if his divorce was finalized 60 days ago?

2023-01-13T04:57:31-05:00

Soldier just went through a divorce but his lease is not up until the end of march but has a deployment coming up. Does that soldier have to pay back bah and bad back if his divorce was finalized 60 days ago?

Response by SFC Private RallyPoint Member made Jan 13 at 2023 5:42 AM

2023-01-13T05:42:15-05:00

Soldier will have to request an ETP from garrison to continue receiving BAH until the end of the lease.

Response by COL Randall C. made Jan 16 at 2023 1:48 PM

2023-01-16T13:48:09-05:00

This is actually a much more complicated question than related to 'they are single now' and the lease isn't up.

Are there children involved? Is there an amount of spousal support stipulated within the divorce decree? Does the servicemember live in a state where a 'final divorce decree' isn't issued immediately (e.g., a marriage is not dissolved until a specified period has elapsed after a divorce decree is granted)? Etc.

If the Soldier is unsure of many of these answers, suggest they consult with legal aid and get a good reading first.

If it turns out to be as simple as "we both called it quits, no children are involved and we basically have a legal arrangement of 'don't bother me and I won't bother you'), then SFC Private RallyPoint Member is correct and you'll have to obtain an exception to policy to receive the BAH w/dependents rate until the end of the lease (the JTR is pretty clear that it ends at midnight on the day the decree is granted).

Response by SFC David S made Jan 17 at 2023 6:45 PM

2023-01-17T18:45:42-05:00

Retirement is at risk if you are married more than ten years. your spouse is entitled to a percentage of your retirement, up to fifty percent... hardy fair because the spouse is usually employed and this military law, not divorce law, and is applied when the divorce is final. if your divorce takes years, add that to the time the spouse is getting from your retirement...

Response by SPC Cheryl Gray made Feb 17 at 2023 9:34 PM

2023-02-17T21:34:03-05:00

They can make you pay back the difference between BAQ w/dependents and BAQ if you live off post. Especially if your former spouse has filed a claim for non support if it was mandated in the divorce decree. I know because I PCSd from Fort Stewart to Fort Gordon and while processing in through Finance, I explained I was married (female soldier to a veteran, who knew the benefits available to me) but I did not want to send him any money because he had sent a letter to my company stating I was getting paid for a dependent and not paying him. When I went to the next post I stayed in the barracks so I didn’t get larger pay for dependents. Then I PCSd months later with a stateside swap and the Finance NCO was determined to get me the benefit reversed. I was given back pay for the time I had spent in the barracks and because I was a service member living with another service member our BAQ had to be reduced a little bit. Since I was pregnant i was able to keep the money because of my pregnancy otherwise I would have had to repay the entire amount given. And because I lived off post I was entitled to the money. But I had to prove that I had used the money for the care of my dependent husband and for my housing expenses which they included with my partner’s income. Since he had two kids he was able to keep his money entirely.