(23/F/USN) Going through a divorce and also requesting single BAH

[keelyjessica]

Hello all, I have a service member that is in the process of going through a divorce and will be coming up on E-4 over 4 years of service (traditionally how most unmarried folks in the Navy get BAH). My question is how does the member go about not having any break in their BAH entitlement from being married to divorced and if there is a stop date or if they would just roll over from getting BAH with dependents to single BAH. After their BAH request is approved and their divorce is finalized. Any help is appreciated

 

[resjudicata]

@keelyjessica I went through something like this. There was a BAH instruction that said something along the lines of member having too many household goods to be able to move back into the barracks. I used that instruction as reason why I should just be switched over to single BAH after my divorce as an E-4. It was in a list of options for reason you are requesting BAH on my paperwork. This was several years ago so I do not know where that instruction is found.

 

[mation77]

@resjudicata Almost guarantee that’s a local instruction because HHG/previous home establishment is not a reason to get
BAH per the JTR.

Same as OP’s “e4/4y” — that’s always a local instruction.

This is a question for admin but I would have my sailor route a bah request chit and also send them to fleet and family/NMCRS to get a bridge gap loan if their BAH got turned off. You bring documents stating what your bah entitlements SHOULD be, plus your LES, and they give you the difference until your bah/LES gets straightened out. Then you pay them back when you get your backpay.

 

[lifos]

@keelyjessica This is a question for JAG and your PSs to figure out.

 

[chiliman]

@keelyjessica Something to keep in mind:

As far as the Navy is concerned, you are either married or you are not. If you are married you are entitled to BAH with dependents right up until the day the divorce is final. Good as far as it goes, but remember there will be a delay from the time that you submit the final divorce decree (Navy doesn't give a whit about legal separation, divorce in process, estranges, or anything else, until the minute your divorce is legally finalized you are married) until the time that the action to decrease the entitlement takes place.

The warning here is that depending upon how slow the PSD is, it can be weeks to months between those two dates. And then the Navy is going to take back the money retroactive to the date of the divorce. So, be aware of that, and know that the difference between sincgle and BAH with dependents that extends past the date of divorce is going to be taken back, so be ready for it.

 

[igit09]

@keelyjessica I got divorced as an e-3 well under 4 years, put in a chit applying for single BAH at the same time I informed milpers of my divorce. I didn't experience any break in my BAH personally.

I was told by my leadership that since I was already receiving BAH there was no way for anyone to deny my continuing to receive BAH at the same command. I.e. once I PCS'd I would have then possibly lost my BAH but so long as I was at the same command where i was already receiving BAH I would continue to receive it.