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if an enlisted man divorces a woman...?
Does she loose her benefits and housing funding?
10 Answers
- Shock and AweLv 61 decade agoFavorite Answer
Here's your answe from our JAG where I work. you will see alot of Kansas this and that, but the basic stuff applys for everywhere:
If you are the service member, you have a specific obligation under Army regulations. Army Regulation 608-99 requires you to provide a certain amount of support to your family members. The amount depends on your rank. For dual military couples, special rules apply regarding support. See From Counsel: AR 608-99 discussing these issues. While separated, military spouses and dependents remain eligible for all military benefits and entitlements.
(1) Medical. During a period of separation, spouses continue to be legally married, and the non-military spouse remains entitled to any military benefits. If the spouse moves out of the local area, call Tricare to enroll in your new location’s regions. For assistance contact 239-7198 or http://www.tricare.osd.mil/ For our of area health providers who accept Tricare on assignment, the patient is completely covered and is not responsible for any additional charges.
(2) Housing. A service member loses entitlement to housing if he or she no longer resides in military quarters or departs on a Permanent Change of Station. Military service members may also request a termination of their post housing privileges through the Housing Office. Generally, if the service member no longer resides in the military quarters and intends to separate from his spouse (after a “cooling off” period), the spouse may only remain in quarters for 30 days. See Fort Riley Reg 210-50 para. 3-4c. Appeals of housing termination notices are sent through Housing to the Garrison Commander. The Installation Commander may permit family members of sponsors who depart an installation incident to a PCS to remain in housing up to 90 days to preclude undue hardship. See AR 210-50 para 3-20c. Family members who refuse to depart government quarters will receive counseling with a view towards judicial eviction from the quarters.
(3) Transportation. Divorcing spouses do not have an entitlement to ship household goods at government expense. However, if the service member is entitled to ship household goods (PCS move for example) the spouse may be able to coordinate a shipment as well. Dependents who are victims may also be entitled to a shipment of household goods in their own right. Contact the outbound transportation section, 239-3740, for specific entitlements.
(4) Other Benefits. Military spouses may continue to use Commissary and Post Exchange privileges on any military installation while separated. Spouses may also seek Legal Assistance at any military installation.
(5) Criminal Issues. Military personnel are subject to prosecution for adultery under the UCMJ. If you are the non-military spouse, adultery is also a crime under Kansas state law. Failure to provide support to family members under AR 608-99 is also punishable under the UCMJ.
d. HOW DOES DIVORCE WORK? Kansas does not require a period of separation before one of the parties is permitted to file for divorce. If you file a divorce action in Kansas state court, the end result will be that the court will issue an order declaring the marriage terminated, dividing all property of the parties, and setting an amount of child support and/or spousal maintenance. To file for divorce in Kansas state court, you must have resided in Kansas or have been at Fort Riley for at least 60 days. Once the divorce petition has been filed, a mandatory 60-day period must pass before the divorce can become final. Divorce laws may be different in other states.
(1) WHO WILL GET CUSTODY? Kansas has a preference for joint custody. Normally, the child or children will have a primary residence with one of the parents. The other parent will be granted parental visitation (called “parenting time” in Kansas). Under a joint custody arrangement, both parents are equally responsible for raising the children and making decisions about them. In some instances, one parent will receive sole custody. The court will ultimately order the custody arrangement that is in the “best interests” of the children.
(2) WHAT ABOUT SUPPORT? The court can set an amount for child support based upon who has primary custody and what the parties’ respective incomes are. These amounts are contained in child support guidelines. See http://www.kscourts.org/ctruls/csapp2.htm. The court may order spousal maintenance (alimony) under some circumstances.
(3) WHAT ABOUT OUR PROPERTY? Any property owned prior to the marriage by either party or acquired during the marriage is subject to division by the court. The court can divide this property, and it need not be split equally. Kansas law merely requires that the property division be equitable. The court can also divide the parties’ debts. Creditors, however, can still pursue either spouse on joint debts that become delinquent.
(4) WHAT ABOUT OUR DEBTS? In addition to the property during the marriage, the debt incurred during the marriage is divided upon divorce. Debt incurred prior to the marriage belongs to the person in whose name the debts were acquired. If both spouses co-signed for a debt, both spouses will be held to "joint and several liability" for the debt. "Joint and several liability" means that each spouse is responsible for the entire debt, but also the spouses are jointly responsible for the debt. Often, one spouse is made responsible for the entire amount of the debt. This is generally offset by an "equalization" payment; that is, the spouse who pays the debt receives more property in the settlement than the spouse who is left free from the debt.
I hope this helps....
Source(s): US Army SFC JAG airborne NCO - 1 decade ago
Your best bet is with Shock and Awe. I am former military (former being that I just got out a month ago) I also just finalized a divorce right before I got out. The only thing the military did in my case , was notarize the documents. Everything else was dictated by the state law in which I filed.
Housing allowance is given to married Soldiers. If they are not married they will not recieve it, and thus ex-wives can not get any of it. However if there are kids involved the Husband CAN get partial pay, and generally the courts require that at least some of that go to the ex as guardian of the children.
But again, this all depends on what kind of custody, what state it is in, etc etc. Insurance is no longer valid from the moment you call Tri-care and remove them from the insurance. If you are divorced the Military doesn't care.
That is just from my personal experience, By the way, I was stationed in Kansas for nearly 5 years haha.
- 5 years ago
She is wasting her time, the time of the court and her attorney. He won't even get anything benefit wise until he actually GOES to BCT and is at reception. With that being the case and if the divorce will be final the date you say in your question then by the time he actually gets there the divorce will be long processed and final. If he's at MEPS now if could be a couple days to a couple months before he leaves to BCT. It all depends on if he needs any waivers, if there are slots open for him at the BCT and AIT he needs. YES, She will be allowed on post because her children will be going there and unless he is going to be taking them there all the time they have to get there someway. She will need to be able to take them to the clinic/hospital and to the PX. They will also have access to the commissary. As for the shopping spree comments that isn't likely to be happening. She will not have an ID card that gives her privileges just the children will. She will get child support so in a way YES she will get some of the BAH if that is what he chooses to use to pay it.
- 1 decade ago
Yes, you aren't entitled to BAH or BAS. But the kids won't lose commissary and health care benefits. However if you have been married for at least 10 years of his total active duty military service then you get 50% of his retirement as long as you don't remarry.
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- BJJ ChickLv 51 decade ago
Depends how long they've been married. After 10 years, she is considered to have helped him reached his carrier goals and will be entitled to part of his pay check, by Army standards. I believe it also depends on how long he's been in. Also depending if she is a homemaker and if there are kids involved, there will be alimony and child support. If none of that applies - then after the divorce is finalized there are no more benifits.
- 1 decade ago
Yes but your given a certain amount of time. Your kids of course will never lose their benefits until they turn 18.
- Just meLv 51 decade ago
Yes. And it's not her housing fund, it's his housing allowance. If she's military too she'll still get her own housing allowance though.
- 1 decade ago
After 10 year of legal marrage you are able to get 50% of retirement pay . If he stays in the full 20 years.
- recLv 61 decade ago
insurance, eventually
housing funding? the military doesnt give spouses money... they include certain housing allowances to husbands to support married housing... depending on how long they've been married, he could have to give her that.