Los Angeles Family Lawyer

Military BAH (Basic Allowance for Housing) and Divorce

How Divorce Affects Your BAH –

“Will I Still Receive BAH After My Divorce?”

If you’re a service member or military spouse going through a divorce, your Basic Allowance for Housing (BAH) is probably one of your biggest financial concerns. Here’s how BAH works during and after divorce—and who gets what.

1. How BAH Works During Marriage
– Paid to cover housing costs based on:
✔ Duty station location
✔ Pay grade
✔ Dependent status (with/without children)
– With-dependents BAH is higher than single-rate BAH

2. What Happens to BAH During Separation?
– Service Member’s Responsibility: BAH continues for housing dependents (spouse/children).
– If Spouse Moves Out: The service member may need to provide financial support equivalent to BAH-Diff (the difference between single and dependent rates).

3. How BAH Is Treated in Divorce Settlements
– Not Directly Divided Like Property (since it’s an allowance, not income)
– But It Affects:
✔ Child Support (BAH is included in income calculations)
✔ Spousal Support (if the civilian spouse relied on BAH for housing)

4. What Happens After Divorce Is Final?
– Service Member: Returns to single-rate BAH unless they have custody of children.
– Ex-Spouse: No longer eligible for BAH directly, but may receive spousal/child support to cover housing.

5. Special Cases: Dual Military Divorces
– If both spouses are service members, BAH is based on custody arrangements.
– The parent with primary custody typically receives with-dependent BAH.

Need Help Navigating BAH in Your Divorce?
We help military families understand their entitlements and negotiate fair support.