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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19178
Experience:  Lawyer and current JAG officer.
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I have been married for less than 2 years and my wife wants

Customer Question

I have been married for less than 2 years and my wife wants a divorce. I am in the army. How much is my wife entitled to?
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: not yet. I just found out while on vacation
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Nothing in military law establishes an entitlement in a divorce, whether you've been married 2 years or 20 years. Those determinations are made by state courts based on their own processes.

All military laws do is grant state courts the legal right to divide military retirement in a divorce, if they see fit. It doesn't mandate it. Given that short time frame for the marriage, it is most likely she'd get nothing in the divorce.

Now, while you remain married, you owe her your BAH (or an amount equal to what your non-locality BAH would be fore your rank) if she is not living in government housing. If she is in government housing right now waiting for the divorce, she isn't entitled to anything. This is just while your divorce is pending, called spousal support under AR


If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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