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My wife is wanting to get separated and wants to move into…

Customer Question
My wife is wanting...

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/apartment?

Lawyer's Assistant: Are you overseas or stateside?

Over seas

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

Yes

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

Not that I can think of

Submitted: 7 months ago.Category: Military Law
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Answered in 2 hours by:
10/2/2017
Military Lawyer: Allen M., Esq., Lawyer replied 7 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,349
Experience: Lawyer and current JAG officer.
Verified

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.

That depends on the branch of service you are in. It changes from branch to branch.

For the Army, she would get half of the non-locality BAH, unless there are kids that go with her. Basically, each dependent gets a share of the non-locality BAH rate, and she gets whats shares are with her. You can the non-locality rate here.

http://www.defensetravel.dod.mil/Docs/perdiem/browse/Allowances/Non-Locality_BAH/2017-Non-Locality-BAH-Rates.pdf

The Air Force just says 'adequate support' and that involves some argument with command, because she can go to command and argue that whatever you choose is not adequate.

The Marines also use a pro-rata share of the BAH.

The Navy divides your gross pay (so BAH and base pay) with a spouse only getting 1/3, but a spouse with two or more kids getting 3/5th's.

You can see all the information here:

http://www.jag.navy.mil/legal_services/documents/Divorce_Packet-RLSO.pdf

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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).

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