Air Force, E-2
My wife and I have had our troubles and agreed on a divorce, but the time has come, we’ve received the paper work but she’s refusing to go to the courthouse and sign all the proper documents, she doesn’t want to leave because she doesn’t think it’s fair I’ll keep getting bah. But she wants to leave and stay married, therefore the reason the claims she’s legally entitled to the bah, she’s leaving on her own terms. Short marriage, no kids, no assets and nothing else really bonding us together. I’d appreciate the input, going to talk to legal tomorrow.
Wife is leaving and claims she will be entitled to half of our BAH
byu/Jayyydakingg inMilitaryFinance
Posted by Jayyydakingg
8 Comments
It’ll depend on branch of service what’s required. You may owe her a differential amount of your BAH until the divorce is finalized as well as a one-time payment. It will depend on your income as well (if she makes more you likely won’t have to pay).
Here’s the Army guidance, but similar is available for all branches if you Google it!
https://home.army.mil/campbell/application/files/7516/1590/6513/Information_Paper_-_Family_Support_-_EIFS_UPDATE.pdf
Lawyer. Get one and get the accurate information from them.
But while you are legally married, you are obligated to provide support for your spouse. So if you are legally separated, yes your spouse is entitled to a portion of BAH (a majority portion FYI).
Depends what state you’re married in, but you may be able to file whether or not she agrees. Again, NAL so talk to one.
Also, if you divorce, there’s no guarantee you’ll retain BAH. In the army, unless you have a mortgage on a house, generally your BAH will continue while the lease is existing; and even then sometimes commanders will provide letters and orders alllwing you to terminate your lease early and force you to move back to the barracks or dorms as you call them.
Air Force here. I had an Airman, similar situation in regards to no kids, just those 2. The differential formula said he had to give his spouse 100% of his BAH. Your shirt should have the excel with the data. Start there. Good luck and protect yourself.
This is the Air Force order on family support. If you have a mutual agreement or court order, that will supersede the formula here. This is usually only enforced when the dependent complains to the command. https://static.e-publishing.af.mil/production/1/af_a1/publication/dafi36-2906/dafi36-2906.pdf
Base finance will be able to help you determine the BAH amount. I suggest you talk to the First Sergeant, then go to finance and get the BAH info, then talk to a civilian lawyer. Base legal cannot and will not get involved in a civil separation or divorce. The only advice they can give is to talk to a lawyer that specializes in the practice of separations and divorces.
If there are accusations, and I can’t stress this enough. Document everything she says to you and about you. Save all text messages and voice-mails, and after you have conversations with her, you need to write on paper what was discussed.
I didn’t read far enough down through the comments the first time. If this is the way the relationship is going, you need to protect yourself.
Get a lawyer asap. Yes as long as you are married you required to provide support for your spouse in some capacity. If she is refusing to sign you should get written documentation of the times you have tried to serve her papers, which at a certain point you can then file to proceed as a default divorce with the court. But again talk to legal, get a lawyer and be careful.
Shiiit. You won’t be getting bah for long lol. Back to the barracks
She’s entitled to have your bah for a year.