Military divorce is rarely simple. Factors like housing allowances, military base privileges and medical benefits can be confusing unless you are both in the military, which is commonly referred to as dual military.
If you are dual military and are going through a divorce, your branch of service will continue to provide you with the appropriate housing allowance, or BAH. However, if only one of you is military, the BAH will stop once your Raleigh divorce lawyer hands you your divorce decree.
Living in military housing during divorce can be a huge source of confusion, so it’s important to talk to your lawyer about every step of the divorce process.
Basic Allowance for Housing: Living in Military Housing vs. Civilian Housing
BAH is generally only given to active-duty service members. Reservists and Guardsmen aren’t entitled to housing allowance unless they are in an active-duty status—working full-time for the military. Here’s how it works:
- The military gives BAH to service members who have achieved a certain pay grade (generally E-5 and above) or who have families to support. BAH rates vary by location and can be used to pay for housing on or off a military installation. The rates also vary based on whether the service member has dependents.
- When BAH is used to pay for housing on a military installation, it is automatically deducted from the service member’s pay. When it is used for off-post housing, it is deposited into the service member’s bank account.
- Once a service member leaves military housing that is on an installation, the law requires the dependent family to move out within 30 days. That means if you are separated, the dependent spouse has to find a new place to live.
- The service member will continue to receive BAH for the duration of your marriage. The military does not recognize separations. However, if you expect your spouse to continue to pay for your housing, Army Regulation 608-99, which reflects Department of Defense policy, states that you must include that in your separation agreement.
If you are living in military housing, let your attorney know. He or she will combine knowledge of North Carolina laws and military regulations to help you create a plan that ensures you’re not left out in the cold.
