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I've been married for 20 months and am awaiting a court

Customer Question
Hello. I've been married...

Hello. I've been married for 20 months and am awaiting a court decision on an annulment in Hawaii. I am active duty in the Navy, and need to know if my Housing entitlements (BAH) for the time I have been married will be owed back if an annulment is granted.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Hawaii

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I have. We are all working to find out whether dependent BAH can be owed if a marriage is technically voided.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not currently

Submitted: 8 months ago.Category: Military Law
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Answered in 42 minutes by:
9/22/2017
Military Lawyer: rayanswers, Military Law Answer Team replied 8 months ago
rayanswers
rayanswers, Military Law Answer Team
Category: Military Law
Satisfied Customers: 47,120
Experience: Military Law Expert
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Military Lawyer: rayanswers, Military Law Answer Team replied 8 months ago

If a servicemember’s marriage is annuled because a marriage is simply voidable (mental capacity, fraud, jest/dare, etc), then the servicemember remains entitled to all BAH paid until the decree of declaration of invalidity of marriage. DOD Financial Management Regulation, Vol. 7A, Chapter 26, Para. 260403, and Table 26-7, Rule 3. In other words, the military will treat such an invalidated marriage the same as one which ended in divorce.

However, the situation is different for an annulment on the grounds that the marriage is void (bigamy, incest, etc). There, the entitlement to BAH ends upon the servicemember discovering that his/her spouse was still married at the time of the marriage, or was a prohibited family member. So any BAH paid between that time and the declaration of invalidity of marriage must be repaid. DOD Financial Management Regulation, Vol. 7A, Chapter 26, Para. 260403, and Table 26-7, Rule 4.

Here are the rules on this.It depends strictly on the grounds of annulment whether you owe it back or not.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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