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Ratings. Guidance. The Right Lawyer.
Navy, spouses living separate, getting a divorce, married less than 1 year. am i required to give her BAH?
San Diego, CA
Viewed 158 times.
Posted about 1 month ago in Divorce / Separation
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Im active Navy, my spouse is a CIV, we are filing for divorce (6 month waiting period) and she moved out.
she keeps saying shes gonna screw me over by making me give her half of the BAH. I deploy soon, and she wants me to move out while deployed and give her money. After rent and utilities are paid, there is no money left over from BAH, and i dont want to move out during deployment and have my stuff in storage. we are not "legally" separated i dont think. we never did any paperwork on it at least? im not sure what california law is. we filled out our divorce paperwork but havnt turned it in yet. what is she entitled to? we have no kids our divorce paperwork is the "summary dissolution" which we agreed on splitting everything up. its all signed, just havnt turned it in
Additional information
My (ex) wife and I were married about a year and a half before we fell out and have been seperated for about 2 years. She moved out and I kept the apartment we were in. In the divorce paperwork, we split everything evenly, her stuff was hers, my stuff was mine. Now out of the blue, she's in MY apartment, writing to my command saying that I'm emotionally and mentally unstable, threatening to get a restraining order so I can't go back to MY place of residence and wants me to pay all the bills for the apartment. She SAID she has the finalization paperwork but wants half of the BAH for the next six months until the divorce is final. I've tried to contact her but she hasn't replied to me NOR my commands inquiries about the paperwork. I know in the MILPERSMAN 1754-030 it says that as a military member you are supposed to take care of your family and everything, but who protects you and what can you do to protect yourself when the civilian in the relationship is the one doint things like this? Answers (1)
Michael Ernest Chionopoulos
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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First, this answer is not legal advice, nor does it create an attorney/client relationship. WIth that understanding, and with the fact that I spent 27 years (active and reserve time together) as an Army officer, I can tell you that you will likely have to pay her BAH. There are, as you know, three different types of BAH. Single; married; deployed. While I don't know the specific Navy regulation, it is my understanding that all services have a similar regulation that requires the service member to pay his/her spouse all or a portion of the BAH. The thought is that if you were single you'd be getting significantly less BAH and the additional money is to support your family; and, of course, we do not want service members who appear to be "dead beats." At the end of the day, while it seems pretty unfair, you are likely going to have to pay her some portion of it.
All active duty posts have "Legal Assistance" programs - it is basically "ask a lawyer" - at certain times. Find out when your post provides this service and go to it. A Navy JAG will be able to tell you exactly what the Navy Regulation states - and, armed with that knowledge, you can then negotiate with her. I know nothing about California law and, therefore, I cannot comment on your paperwork, waiting period etc. However, I strongly encourage you to go and see a JAG. While the JAG cannot "represent" you in a civilian matter, he/she can give you advice and that advice is "privileged." |
