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Military Divorce and Basic Allowance for Housing (BAH)

Friday, 13 February 2009 04:10

What is the effect of divorce on your Basic Allowance for Housing (BAH)?  This article explores what BAH is, how it is calculated, and how its usage is affected by military divorce cases.

Overview of Military BAH

BAH stands for Basic Allowance for Housing. It is a payment made to Military members in order to pay for their housing and utilities. It was previously known as BAQ - Basic Allowance for Quarters. The BAH is designed in such a way that it keeps up with the increasing housing costs. BAH has undergone a number of changes, not the least of which is that it is now based on what civilians are paying for rent in the private housing sector instead of being based on what the average military member pays. This was because military members were increasingly staying in low cost housing and this made the allowance even lower.

However, BAH is also protected by something called Individual rate protection which means that once a particular BAH level is set, it cannot be reduced. BAH is payable only when the service person is not living in government quarters. The amount of BAH is indexed to a particular pin. BAH is designed to pay not all the expenses of living, but only a percentage - generally 80% or so. This also includes Renter's insurance.

BAH is calculated based on the grade of the officer as well and the location of the posting to adjust for differences in housing costs. Also, a controversial aspect of BAH is that it depends on the number of dependents that the serviceman in question has, with those having no dependents receiving lesser amounts of BAH.

This leads to the important question of how BAH is affected in a military divorce case.

The affect of Military Divorce on BAH

 Divorce affects BAH in a variety of ways and the exact situations can get very complex and vary from case to case. Some complications such as:

  1. Whether the Service person is living off-base 
  2. Whether child support is more or less than the difference between single and dependant BAH
  3. The percentage of time share custody
Depending on the situation, the servicemember can receive full rate BAH or something called Partial Rate BAH.

Contacting a Military Divorce Attorney

The factors affecting BAH are very complex and in order to adequately decide whether or not you will still receive BAH after a divorce, you should contact our Marrison law attorneys. With our vast experiences in military related divorce, we will be able to advise you as to how to proceed. Depending on your particular situation and your priorities, we will be able to find a solution that is suited to your specific needs.

Divorce is a very painful time for any servicemember and you need someone who will help you out in this time of need. Schedule a meeting with our attorneys to find a professional attorney.

Patricia Marrison is a Family Law attorney in Colorado Springs,CO. and the owner of the Marrison Family Law LLC, Colorado Springs largestFamily Law practice.  The Marrison Family Law LLC is devoted to assistingwith the difficulties of the breakup of relationships, be it common lawmarriage, a non-marriage with children, or dissolution with or withoutchildren. We attempt to serve the entire spectrum of relationships,from those couples with the simplest, uncontested dissolution to thehighly conflicted relationship involving allegations of domestic abuse.
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Pat Marrison

Owner and Principle Attorney at Marrison Family Law in Colorado Springs, 1978 - present
I have been a lawyer for over thirty years, and the aspect I enjoy most about Family Law is helping my clients enter a new chapter of their lives. I have the experience to handle a broad spectrum of cases, from the most contested and complex divorces to handling smooth settlement agreement which allows the clients to transition to their new life with confidence and security.

Website: https://plus.google.com/112655120543276847652/posts

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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