I have been separated from my spouse for nearly two years. He continues to reside in the home we bought off base. He collects BAH w/dept. We have no children. We are both physicians and I earn more income than he does (due to his tax free allowances). He has not provided any support to me since the separation, nor do I desire any support. Is is legal for him to continue to collect government money (BAH w/dept) on my behalf or should he be paid at BAH single?
1 Answer from Attorneys
Re: BAH divorce
The military won't turn off the BAH until they have a divorce decree. Until then, he's entitled to claim it irrespective of whether you need his support or not.
The best course of action for you is to see if you can work out a settlement agreement and get an uncontested divorce so you can both be free to live your life.
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