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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19675
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I wanted some information on how much I would receive of my

Customer Question

Good afternoon I wanted some information on how much I would receive of my husbands BAH after the divorce is to be finalized.
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No ma'am.
JA: Please give me a bit more information, so we can help you best.
Customer: Ok. What information do you need?
JA: Is there anything else important you think the Military Lawyer should know?
Customer: My husband is currently living somewhere else.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Military Law
Expert:  Marsha411JD replied 7 months ago.


Thank you for the information and your question. Neither statute nor military regulations mandates the amount of BAH that must be paid to a former spouse once the couple is divorced. There are regulations that concern payments while divorce is pending. But it is entirely up to the State court how much, if any, money the servicemember will have to pay their former spouse or for child support through the divorce. No Federal law controls that, only State divorce courts.

The only rule in terms of BAH, other than what I mentioned above about pre-divorce, is that the servicemember may not collect BAH "with dependents" unless they are ordered to support those dependents and are doing so.

Please feel free to ask for clarification if needed as long as you are needing a set dollar amount for pre-divorce or what your husband might be receiving right now, since we would have no access to that figure. If you are not receiving any support, either in kind or cash, from your spouse and he is receiving BAH with dependents, then since you are not divorced yet, you should consider contacting his Command and let them know. They can order him to pay at least his "with dependents" portion to you (or toward rent/bills) until you are divorced.

If you have no need for a follow up, please take a moment to leave a positive rating in the box above, so I will receive credit for assisting you today. Thank you

Customer: replied 7 months ago.
I'm sorry. I completely wrote my question all wrong. I am currently married to a service member. He is an E5 for 6 years in the army. We reside off post and have a 3 month old baby together. My son who is also his stepson also lives with us. He recently has moved out into another apartment and is paying rent there as well as utilities. He also has partial custody of his 6 year old son from a previous relationship but he resides with his mother majority of the time. I am not currently working and he plans on getting a divorce. My question is how much am I entitled to of his BAH until the divorce is finalized.
Expert:  Marsha411JD replied 7 months ago.

Thank you for your reply. As mentioned in my reply, we would not have access to the dollar amount. You can though use the DOD BAH calculator that you can find at the following link to calculate the amount based on your husband's zip code and rank:

I can only tell you, as I have, that he must provide you at least the amount that he receives for "with dependents" in his BAH. That isn't much, but if he isn't paying you, then again, you need to contact his Command. You could also, unless he has already done so, go to the base legal assistance office and they can assist you by writing a letter to his Command on your behalf to get that minimal support. What you really want to do to obtain a true order of support that covers more than just that partial BAH amount, is to hire an attorney to file a support petition with the local family court.

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