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

SPC Private RallyPoint Member — Thu, 30 May 2024 14:04:38 -0400

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

LTC Kevin B. — Thu, 30 May 2024 15:20:37 -0400

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

SFC Private RallyPoint Member — Thu, 30 May 2024 18:44:51 -0400

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

MAJ Ken Landgren — Fri, 31 May 2024 10:49:43 -0400

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

MAJ Ron Peery — Fri, 31 May 2024 19:52:27 -0400

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

MAJ Byron Oyler — Fri, 31 May 2024 21:27:15 -0400

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

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

PVT Alejandro Rivera — Sat, 01 Jun 2024 07:36:59 -0400

GET A GOOD LAWYER.

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

LTC Private RallyPoint Member — Sat, 01 Jun 2024 10:14:05 -0400

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

MSgt Frank Askins — Sat, 01 Jun 2024 19:47:03 -0400

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

SSG Roger Ayscue — Sun, 02 Jun 2024 02:49:37 -0400

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