Have Military Law Questions? Ask a Military Lawyer.
Sorry your full question did not come through. Please resubmit.
Yes, you would be entitled to any benefits or retirement that accrued while you were married. New York is an equitable law state meaning that the judge will decide what percentage is fair based on the circumstances. You would also be entitled to child support even on a temporary basis if you are pursuing a divorce or separation.
You may want to file for legal separation so that the judge can ensure that you have some temporary housing as the process plays out.
You should be able to stay there until then.
I understand, this is why you need to file asap and ask for an emergency hearing to ensure you have housing.
Yes, I understand, but in order to get that temporary support including your portion of his bah then you need temporary orders.
This is how it would be in most states that I am familiar with.