Divorce while in the military issues, barracks lawyers present yourselves!?

Question

So I told the evil woman I want a divorce, she refused to move with me before I had a PCS, she claims that JAG told her I have to pay her rent until the divorce is final, but I have a place at my new duty station that is ready for her to move in, with all of our stuff, I do ensure she has money for food but she REFUSED to move, what advice can you give me?

? · Accepted Answer

I can quote you the regs on this, and that is all you need to cover your azz. 
 Under (AR) 608-99
A soldier's obligation includes:
a) Providing adequate and continuous support for family members.
b) Complying with separation agreements, court orders and judicial orders or decrees.
c) Meeting financial obligations promptly.

The soldier will provide support of an amount equal to his/her Basic Allowance for Housing (BAH)
entitlements at the "with dependents" rate. This rate is the BAH-II rate, which is a standard rate the Army determines regardless of where the soldier resides.

Add- Just some friendly advice from someone who's been there-
Pay everything in check or money order and get a copy before sending it. Write in the memo box what it is for. Some people don't realize that when you call the 800 number on a money order it only tell you the amount and if it was cashed, not who cashed it. You have to pay the company an extra fee to get that information. Do not wire money, you have no proof of why you sent it.

Call the local utilities and her landlord and make sure your name is not on anything, don't take her word.

Get her off your car insurance. Give her written notice that you intend to do so.

Go over to SRC and take her off your life insurance. Change your will if you have one.

Make sure if you ever had a POA on file anywhere that you write the proper notifications to cancel them.

Tell your command ahead of time.

Get her name off of any vehicle you have, or take yours off. Same with stocks, bonds, investments, etc.

File FIRST,especiallyy if you have kids. Have a decent lawyer.

Make sure you make any legal changes (car ins, bank, etc) BEFORE you file. Most states will not allow you to change any of that during divorce proceedings.

? · Answer

Am is right the only thing you HAVE to give her is the difference between single and dependent BAH. (unless there is a court order for more) And don't pay her cash and keep receipts. However, if your name is on the lease where she is living, that may open up another can of worms because that could make you legally responsible for the rent of that place.(same with the utilities). Advice? Make a preemptive strike and go talk to a real lawyer before its too late and she tries to stick it up your exhaust pipe. Also let you Chain of Command know what is going on so that they don't get "blind sided" by an irate wife calling the command.

Mrsjvb · Answer

boy is she in for a rude awakening....

 without a court order for alimony/child support all you are required to give her is the difference  between Single and W/dependent BAH.  and you can probably get away with claiming she HAS a  place to live that you are providing.

 BTW.. there is no way in hell JAG told her that as JAG DOES NOT handle civil matters such as divorce in any way shape or form.   and it ain;' your fault she  won't live there.  

Hopefully you can also prove you have been giving her money al along as well.

? · Answer

I don't know, but get it done while everyone is deployed, because when they come home the local area lawyers jack their rates up 50% for divorces.

jeeper_peeper321 · Answer

You must provide support to your dependents, until you are divorced.

How much, is determined by your service branch and your commander.

I believe the Army uses the amount of BAH you are receiving as the amount of required support.

Just remember, you still have your base pay, that must be factored in.

Anonymous · Answer

dont marry a *****

Divorce while in the military issues, barracks lawyers present yourselves!?

6 Answers