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Does my separated wife legally have to give me some of her…

Customer Question
Does my separated wife...

Does my separated wife legally have to give me some of her bah?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No

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

I moved to Kentucky 3 weeks ago Seperating myself from her. I just want to know if she is legally obligated to give me any of her bah.

Submitted: 9 months ago.Category: Military Law
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Answered in 2 hours by:
10/25/2017
Military Lawyer: PaulmoJD, Attorney replied 9 months ago
PaulmoJD
PaulmoJD, Attorney
Category: Military Law
Satisfied Customers: 126,721
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Military Lawyer: PaulmoJD, Attorney replied 9 months ago

In a military family separation, if she is receiving BAH and you are separating and still legally married, you are entitled to 1/2 of the BAH she receives. If you are not receiving that, then you need to notify her command and if they cannot assist, you would need to file your suit in court for divorce/separation and ask the court to award you that as part of your temporary support.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,673
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Different expert here...the prior expert was confused. The answer to your question depends on the service...what service are they in?

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Category: Military Law
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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).

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