How can I prevent my wife from getting my military benefits?

Asked about 1 year ago - New York, NY

I am in DEP programm waiting for be shipped for basic training. However, I do not want my wife getting any benefits other than tricare health insurance. When I get paid, can she claim anything else like Basic housing allowance or food allowance without my consent?

Attorney answers (4)

  1. Stephen P. Kelly

    Contributor Level 13

    5

    Lawyers agree

    Answered . You will have a military duty to support your dependents, including your wife. If you don't, you could be subject to discipline. Each service has its own guidelines on what that amount should be absent a court order. If you and your wife are estranged, you should take steps to end your marriage before entering active duty.

    Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals.... more
  2. Philip Douglas Cave

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . You have a requirement to support your family.
    Each service has rules on how much support must be given. This is especially true when there is BAH being paid.
    If you are separated by written agreement that raises a different point, and the military follows what's in the agreement..
    Failure to properly support your family iis potentially a reason for discharge and in some cases court-martial.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  3. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Once you have a court order, that will dictate what you must pay. Until then, each service has different requirements as to how much support you must provide your dependents, including your spouse.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Short answer- you can't. You will be required to provide for your family--like it or not.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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