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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34980
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How do I get my share of BHA that he has been receiving for

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How do I get my share of BHA that he has been receiving for over a year and a half after divorce was filed? He is still receiving my portion as his dependent and divorce will not be final for months to come yet?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

This is tough...that is, the Air Force regulation that applies does not require the Air Force to give a dependent spouse any money. Whats more, they are the only service that does not have a specific support requirement. The other services (Army and Navy/Marine Corps) have rules that require the service member to provide specific support amounts directly based on BAH payments.

But the Air Force regulation requires that either the service member pay the dependent spouse the money they receive for BAH or to stop taking that BAH money.

You can, contact his squadron commander. The squadron command has the power to order him to pay the that BAH money or give up the money. Then, your lawyer can file a motion with the divorce court to order you be paid support as the divorce progresses. That puts him in the position to either take the BAH and pay you, or to not take BAH and still have to pay you.

The instruction that applies is called Air Force Instruction 36-2906.

There is no guarantee the court will order support. This is what you want to talk to your lawyer about. But if the circumstances in your case indicate that support is warranted...that it is the right thing to do, then the court can consider that money he gets from the Air Force when they decide if he should pay support money to you as the divorce proceeds.
P. Simmons and 3 other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

Tell me all the benefits I should be receiving during seperation and who I need to contact for said benefits. How do I keep my insurance after the divorce - he has been in the service for 22 years and I was married to him the entire time. Also can I force him to keep me as his beneficiary on his life insurance he has with the military.

Ma'am, you rate an ID card until you divorce. With that you can access TRICARE and the base commissary/PX.

That is the only benefit you are entitled to.

As I mention, you can request to his squadron commander that they oder him to pay the BAH to you.

And you can file a motion with the court for support (so the court can order him pay BAH to you)

But there are not any other benefits that you are entitled to.