Military divorce, please help!!!

[LoveMyBabyGirls]

What is the name of your state?
Nevada


Hello to all and I thank you all in advance for reading this post and hopefully giving some wonderful advice...

First of all we all have a story to tell thats why were in here. I'll cut to the chase.

Me and my wife are divorcing after 5 years of marriage. We agree to an uncontested divorce, 50/50 down the line with all of our belongings and with the kids. We aint going to fight over the kids, not what so ever. But she is in the military and recieves BAH (basic allowance for housing). Its $1000 a month the military gives here to have a home off base. Well I have been living with her on and off military bases and I feel I should have half of that money ($500) evey month. I dont even want it for a long time. Just 1 year. Our roles are kind of reversed from the norm. I was mainly a stay at home dad, while she was going to work. I hated that. Now Im back at work and until she gets home from Korea in a year I will be getting the full BAH to pay for our rental home. Its next June when I want half of it for a year. Do I not have a right to this? I will answer an and all questions you have for me on this matter, I do appreciate any and all help.

Thank you.

[free_spirit_etc]

How wonderful you are in agreement about the kids. How are you going to split them down the middle? What does your wife say about the BAH? Are you not in agreement about that? The first thing you will probably need to check out is if your wife will actually be entitled to the same amount?

Information about BHA can be found here.
[url]https://secureapp2.hqda.pentagon.mil/perdiem/bah.html[/url]

Technically, I would say you won't have a "right" to it. It seems like the "right" to it belongs to the military member. It is an allowance given to them to provide a home for themselves and their dependents. As you will no longer be her dependent, then you probably don't technically have any "right" to it.

Can your wife choose to help you out in getting on your feet after being a stay at home dad? Yes. Do you have the "right" to that. I don't know.

However, the BHA doesn't have to be considered the issue. Your wife can agree to give you a greater than 50-50 split, or alimony for a year.

Or will the kids be living with you? If so, she may agree to help pay for the cost of the home for her children. But her BHA would also probably be reduced as she would no longer have dependents living with her.

If you are in agreement on many things - it may be possible to work together to figure out a way to use your mutual resources to assist each other in going your separate ways.

But when the discussion moves to who has the right to what - you often start moving away from win-win approaches.

And on the "rights" issue - your wife has the right to any benefits the military gives her as the result of her serving in the military.

You may want to talk to the Base Legal Office to find out what rights the divorcing spouse has.

Free

Originally Posted by LoveMyBabyGirls

What is the name of your state?
Nevada


Hello to all and I thank you all in advance for reading this post and hopefully giving some wonderful advice...

First of all we all have a story to tell thats why were in here. I'll cut to the chase.

Me and my wife are divorcing after 5 years of marriage. We agree to an uncontested divorce, 50/50 down the line with all of our belongings and with the kids. We aint going to fight over the kids, not what so ever. But she is in the military and recieves BAH (basic allowance for housing). Its $1000 a month the military gives here to have a home off base. Well I have been living with her on and off military bases and I feel I should have half of that money ($500) evey month. I dont even want it for a long time. Just 1 year. Our roles are kind of reversed from the norm. I was mainly a stay at home dad, while she was going to work. I hated that. Now Im back at work and until she gets home from Korea in a year I will be getting the full BAH to pay for our rental home. Its next June when I want half of it for a year. Do I not have a right to this? I will answer an and all questions you have for me on this matter, I do appreciate any and all help.

Thank you.

[Ohiogal]

What is the name of your state?
Nevada


Hello to all and I thank you all in advance for reading this post and hopefully giving some wonderful advice...

Okay.

First of all we all have a story to tell thats why were in here. I'll cut to the chase.

Thank you.

Me and my wife are divorcing after 5 years of marriage.

Short term marriage.

We agree to an uncontested divorce, 50/50 down the line with all of our belongings and with the kids. We aint going to fight over the kids, not what so ever.

Okay.

But she is in the military and recieves BAH (basic allowance for housing). Its $1000 a month the military gives here to have a home off base. Well I have been living with her on and off military bases and I feel I should have half of that money ($500) evey month.

That's nice.

I dont even want it for a long time. Just 1 year.

Aren't you sweet?

Our roles are kind of reversed from the norm. I was mainly a stay at home dad, while she was going to work. I hated that.

Why didn't you get a job then?

Now Im back at work and until she gets home from Korea in a year I will be getting the full BAH to pay for our rental home.

Really? When pray tell is your divorce going to take place?

Its next June when I want half of it for a year.

Do you work? How much do you earn? What do you do for a living? How does your income compare to hers? Who is going to have custody of the children? Who is going to pay child support?

Do I not have a right to this?

Why do you think you should get it?

I will answer an and all questions you have for me on this matter, I do appreciate any and all help.

Thank you

.
Please answer my questions.

[LdiJ]

The reality of things is that if you are going to have primary custody of the kids, then as soon as your divorce is final she is no longer going to be receiving 1000.00 a month in BAH. Therefore it won't be available for you to split. However, you will get child support.

[Bali Hai]

Originally Posted by LdiJ

The reality of things is that if you are going to have primary custody of the kids, then as soon as your divorce is final she is no longer going to be receiving 1000.00 a month in BAH. Therefore it won't be available for you to split. However, you will get child support.

I think some alimony is in order here also. After all, he sacrificed a great deal by being a stay at home dad taking care of the home and hearth and furthering the wifes career.