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Me and my wife are dual military and getting a divorce.I am currently under contract for…

Me and my wife are...
Me and my wife are dual military and getting a divorce.I am currently under contract for buying a house that I am supposed to be closing on in two weeks to move into.I have been told by my realtor that I am bound by contract and must close or I will get taken to civil court.So my question is will I still get bah and be able to close on the house.I am a e-4 in the army.I also have no kids or dependents between us.
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Answered in 17 minutes by:
12/9/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
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Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
Ok. If you get a divorce, you can still get BAH, but certainly not at the same rate as before. You'd have no dependents but still could get BAH if you're at a base where you are permitted to live off base at your rank. I know that sometimes, for those below E-5 without a spouse or dependents, they are required to live in on-base housing.
So, it really comes down to your base's policy on off-post housing rules for your rank, and whether or not your commander has the discretion to allow you to live off base. If so, you'd get a lower BAH rate without dependents.
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Customer reply replied 3 years ago
Ok,I'm at fort Leonard wood and I already get the minimum bah of 698 I believe.Im not really sure exactly what there rules are with my situation but I have Hurd of other people being able to stay off post.just didn't know if they would take it because I'm on contract with a house and that would mess me up financially and make me go to court.
Being under contract already is a strong basis for them to allow you to stay off base. Otherwise, they intentionally subject you to high debt which ultimately they'll have to deal with anyway.
You need to raise that issue with your chain of command as the divorce goes forward. While you are in the midst of the divorce, if your spouse is not staying with you, you will have to pay financial support to her, but that is something else to discuss with your command.
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Customer reply replied 3 years ago
Ok,that's what I thought.so I would have to pay her money even if she is in the military also?
Well no, that's not true. I keep forgetting there are no dependents here. You each get your own BAH here. If there were dependents then the higher ranked person would get the BAH with dependents, but you don't get that here.
So, no support.
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Customer reply replied 3 years ago
Ok I appreciate it.this has had me stressed out all week dealing with this and trying to figure this out
No worries. Take care.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
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