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Am I eligible for BAH post-divorce?

On Behalf of | Feb 27, 2019 | Military Divorce |

You will probably still get your basic allowance for housing after a divorce, but there are many factors that could affect it. You, like most service members, probably depend on these funds. If you anticipate some difficulty in keeping current with your housing payments in the competitive Washington real estate market, especially if you live around King County, it could benefit you to do some investigation into how your specific situation might affect the future status of your BAH.

Some of the most common factors that could contribute to a reduced allowance include the military status of your spouse, the custody order or agreement regarding your children, and the place where you live after your divorce. You may also encounter issues associated with different income levels before and after the divorce is finalized.

The first rule that could affect you would only have relevance if your spouse was also in the military and if you had children. According to federal rules, only one of you would be able to claim your kids as dependents for the BAH.

The second factor would likely be your children. They could play a role, even if your spouse was a civilian. Specifically, if your ex has custody, you would probably continue to receive the allowance. However, this could depend on the amount of your child support obligation.

The third major factor would probably be where you chose to live after the divorce was complete. If you live in a single unit on base, you could probably receive a housing stipend that would cover your child support payments. If you live off base, and if your custodial spouse is a civilian, then you may be able to claim your kids as dependent and qualify for a higher allowance.

One of the best ways to handle these situations is typically to get all of your information together first, and then craft a solid, livable agreement during the divorce proceedings. As mentioned on FindLaw, you may leave yourself open to misconduct if you fail to support your dependents. However, each situation is different. This blog cannot provide legal advice specific to your situation. It is only intended as helpful background information. You should seek advice from an attorney who is experienced in military family law. Bruce Clement served in the Army JAG reserves for 27 years.