Military Divorce, Base Housing, and BAH

What is Military Base Housing?

Military family housing allows service members to live with their families on a military base. Although the military can require service members and their family to live on-base, this rarely happens; most military bases have extensive waiting lists for families who want to live on the base. If you are currently living I military housing and seeking a divorce, you and your spouse may want to live separately before you officially terminate your marriage.

You might ask the following questions: Where will I live until the divorce is final? Will I have to pay for off-base housing? These are legitimate questions. Legally, military divorce is no different than regular divorce. However, factors like on-base housing, retired pay, and a variety of other issues can make military divorces somewhat more complicated than a typical separation.

Who lives on-base during a divorce?

Military base housing is issued to the service member. However, service members do not have the authority to evict their family from the home. Thus, if a couple decides that they want to live separately, the service member may temporarily move into on-base military barracks instead. This can only be sued as a temporary solution, though, because family members are only allowed to occupy base housing when they live in the house with a service member.

Once the service member leaves, the family will not be allowed indefinite residence on the bases. Typically, family members (such as a spouse and children) are allowed to live in base housing for 30 days after the service member leaves, after which the spouse should seek off-base housing.

Divorce and Basic Allowance for Housing (BAH)

The term "Basic Allowance for Housing" refers to a sum of money paid to military service members for basic housing and utility costs. BAH is calculated from a variety of factors, including the offer's grade, location, etc. Additionally BAH is calculated to increase with housing costs. After a divorce, a service member may not be granted continual BAH.

Divorce affects the BAH rate in a number of ways. For example, the presence child support agreement may influence the service member's BAH. Additionally, parenting time and custody agreements can change the BAH. Under certain circumstances, the service member may be granted partial rate BAH after divorce. 

Military Divorce Rates in the United States

Between 2001 and 2009, the military divorce rate increased from 2.6 to 3.6. In 2011, the rate increased to 3.7. However, the U.S. military divorce rate decreased to 3.5 in 2012. Although this is a small percentage, it still reflects a large number of military personnel who terminate their marriages every year. If you are contemplating divorce and are a military service member or are married to a military service member, the legal team at Clawson & Clawson, LLP can help you obtain a fair divorce agreement. We have more than 100 years of combined legal experience. Let us put it to work for your case.

When you work with the military divorce lawyers at our firm, you can rest assured that your case is in good hands. We provide each our clients with the personalized car and attention to detail they need and deserve. Unlike some law firms, we won't treat you like a case number; we will treat you like a client. Our lawyers are genuinely concerned about the outcome of your case.