Who gets the BAH back pay when going through a divorce?

2024-05-30T14:04:38-04:00

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.

Response by LTC Kevin B. made May 30 at 2024 3:20 PM

2024-05-30T15:20:37-04:00

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 SFC Private RallyPoint Member made May 30 at 2024 6:44 PM

2024-05-30T18:44:51-04:00

I don't think it's included in the divorce. The only think it's counted toward I'd it's part of your income if there's a child support order.

"BAH received by the service member after a divorce is considered income for the purposes of calculating child support."

If you have no guardianship of your stepchild then you won't pay child support. So she shouldn't get any of it. But once the divorce is final you drop to a without dependent rate. And she has no benefits.

The only time you have to use your BAH is during separation if she moves you have to support her but there's a formula in the regulation.

I'd get a lawyer or find one that does free consultations to get accurate legal advice.

Response by MAJ Ken Landgren made May 31 at 2024 10:49 AM

2024-05-31T10:49:43-04:00

I believe in the absence of a court order, by DFAS regulation, she is entitled to BAH Diff. I am extremely pissed that it took you 7 months to get BAH. That reeks of poor leadership, customer service, and systemic break down. Starting BAH timely is not a difficult task to accomplish.

Now that you know the regulation, it is up to you to decide what right looks like. Do you have joint debt and bank accounts?

Response by MAJ Ron Peery made May 31 at 2024 7:52 PM

2024-05-31T19:52:27-04:00

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 Byron Oyler made May 31 at 2024 9:27 PM

2024-05-31T21:27:15-04:00

It depends if the BAH is covered in the divorce decree.

Response by PVT Alejandro Rivera made Jun 1 at 2024 7:36 AM

2024-06-01T07:36:59-04:00

GET A GOOD LAWYER.

Response by LTC Private RallyPoint Member made Jun 1 at 2024 10:14 AM

2024-06-01T10:14:05-04:00

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 MSgt Frank Askins made Jun 1 at 2024 7:47 PM

2024-06-01T19:47:03-04:00

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 SSG Roger Ayscue made Jun 2 at 2024 2:49 AM

2024-06-02T02:49:37-04:00

Specialist I can not stress this enough, get a good lawyer. Get a good lawyer, it is so worth it.