I am going through a divorce with my military husband when does he stop paying separation pay? ?
by admin on Saturday, January 23rd, 2010 | 7 Comments
We have been separated for 1 year and he just now filed the divorce papers. I got a call today from him saying that his lawyer told him he doesn’t have to pay me any more and that his bah has stopped. I have heard that it doesn’t stop till the divorce is final but I am not sure. So I’m kinda confused about the whole situation.
I have tried to call a lawyer but I cant see one till Monday. And also I don’t just care about the money and we can’t save our marriage because of the things that he has done when we were. But when he owes me money for throwing my stuff out because his new girlfriend is moving in then yes I think I should care about it.
that should be a civil matter, but im sure the JAG or research of the UCMJ could answer that for you.
sounds like you need to get a lawyer of your own and ask him
So your more concerned about the money than trying to save your marriage? I undestand why your going through a divorce.
Sorry, but separation pay is a monthly payment of $250 given to military families with a military family member who is deployed for longer than 30 days. Separation pay is given after that 30 days during the duration of his deployment. He is obligated to share that with you until the divorce is final.
However, I think you are confused on what separation pay is. I think you believe it has something to do with you being separated but not divorced yet. If that is the case, you are mistaken. If you are speaking of his basic allowance for housing, well that also has to be shared with you (and any kids) until the divorce is final. That is only when the divorce is final, not simply once divorce papers have been filed. He can get trouble with his CO because he is still legally listed as married thus is still receiving the married rate BAH, and that is considered with holding government funds. I believe that is what you mean, but that is NOT separation pay. Hope that helps. Yes, military pay is confusing.
His BAH is housing for him and his family, now your no longer his family so you shouldnt be entitled to any portion of it. Also any seperation paperwork done through the military legal is not valid in court.
michael
sorry guy that is false….their is no divorce in military life…married or not married…the wife has full entitlement to all benefits while she is married…FULLLLLLLL ENTITLEMENT…..and FULL BAH BENEFITS…SHE GETS IT ALL as he is housed during active duty….and he has to support and house his spouce as an honorable soldier….so get off the kick horse and give the correct advice….all you ladies…enjoy the correct advice and if they are not paying you vist the FREE LEGAL SERVICES ON ANY MILITARY BASE…just call and set an appt up by a JAG office and they will get with his commander to get his a*s to pay you or he will get deranked down or his wages garnished…..
good luck and follow thru its all your money…
wess graham…
Going through the same thing. You are entitled to BAH, medical, ID card(s) for dependents, the whole works until your divorce has been finalized by the court or when you and the other party reach an agreement/settlement. JAG is there for you as well as for the soldier.