Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

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

buying a house that I...
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.
Show More
Show Less
Ask Your Own Military Law Question
Answered in 17 minutes by:
12/9/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,348
Experience: Lawyer and current JAG officer.
Verified
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.
Ask Your Own Military Law Question
Customer reply replied 2 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.
Ask Your Own Military Law Question
Customer reply replied 2 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.
Ask Your Own Military Law Question
Customer reply replied 2 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: 19,348
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,348
19,348 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,530 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,348 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I have to see my battalion commander next week regarding bah
I have to see my battalion commander next week regarding bah fraud I was interrogated by cid and I tried to change my address multiple times before this even happened with my command and it wasn't cha… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 satisfied customers
I reenlisted from active duty army to the Florida army
I reenlisted from active duty army to the Florida army national guard. When i re-enlisted i was promised in the contract annexes, a $10,000 re-enlistment bonus. i reenlisted in December of 2015. it is… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My son is in the Army. He was arrested by the German Police
My son is in the Army. He was arrested by the German Police for a DUI. His Leadership is telling him he will be "chaptered" out for this infraction. Is that accurate? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Does the army counsel military personal on how to transfer
does the army counsel military personal on how to transfer their retirement funds from overseas to the USA … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I'n in the Army and have a question. I have divorced and
I'n in the Army and have a question. I have divorced and remarried to another soldier. My divorce was messy and involved custody. I am not custodial parent but have 55- 60 % custody depending on the y… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My neighbor, who is an officer in the army, threatened
My neighbor, who is an officer in the army, threatened physical violence on me last weekend and the police suggested a restraining order. Am I afraid of him? To some extent, yes. If I do pursuit a res… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
My son is currently deployed in Afghanistan with Army 82nd.
My son is currently deployed in Afghanistan with Army 82nd. He has 3 1/2 yrs of 5 yr contract, first deployment. He experienced problems on mission. He talked to Chaplin that he has moral reservations… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My wife is wanting to get separated and wants to move into
My wife is wanting to get separated and wants to move into another place. We currently reside in on post housing. How much of the bah would she get if she decides to moves off post in a separate house… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 satisfied customers
Navy. going through a separation. BAH is 1700-ish, no kids
Navy. going through a separation. BAH is 1700-ish, no kids and in VA. We have a home together but I no longer stay, how much am I afforded to pay until divorce is finalized...? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
I am writing on behalf of my wife (a retired Army Soldier)
Hello ma'am...I am writing on behalf of my wife (a retired Army Soldier) who has been utilizing her Post-911 GI Bill benefits to fund flight school training...in short, the VA has informed her school … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My wife has been receiving BAH even though we have not lived
My wife has been receiving BAH even though we have not lived together for the past 10 months. Now she wants a divorce and I have not received half of the BAH for the past 10 months. Am I entitled to t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
What happens to army personnel who cheats on his wife with
What happens to army personnel who cheats on his wife with another married woman whose husband is of higher rank in the marines? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Is my spouse entitled to receive my BAH from the Yellow
Is my spouse entitled to receive my BAH from the Yellow Ribbon Program in a divorce in Arizona? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
If I'm separated does my spouse receive my full bah or only
If I'm separated does my spouse receive my full bah or only half? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 satisfied customers
Okay, my question is, if I go to Korea and get bah for where
okay, my question is, if I go to Korea and get bah for where my spouse lives which is New York, is it fraud if she actually lives in New York and I don't give her any money for rent because she lives … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
What is the BAH type two for a E-6 with 8yrs zip code 20762,
What is the BAH type two for a E-6 with 8yrs zip code 20762 … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x