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

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?

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Filed under: Court orders
Attorney answers 4


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. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.



Let's say I want a divorce during active duty, will it be possible if I am in AIT or deployed overseas?

Stephen P. Kelly

Stephen P. Kelly


Is it possible, yes. Is it easy, no. You will only be able to obtain a divorce in a state that has jurisdiction. You can hire an attorney in that jurisdiction to represent you, but in some cases you may still have to personally appear. If there are children or significant property holdings then it becomes more difficult. When one party to the divorce is out of state then there are jurisdictional issues. You should consult with a divorce attorney in your jurisdiction before you leave.


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.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


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 client relationship with Mr. Cassara.


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 Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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