# Military Separation and Post/Base Housing



## Anonymous_Female (Apr 16, 2011)

Question for those of you who are currently going or have been through a separation with someone in the military while living in on-post housing: who leaves the house? Does a spouse have a right to it until they are legally divorced? But even if they do, do they have a right to ask the servicemember to leave the home?


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## vict0ria_b (Mar 10, 2011)

You do have the right to the housing, or he will need to start paying you a BAH until the divorce is final. If I were you I would get in contact with his command so you can get some support.


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## Niceguy13 (Apr 7, 2011)

Go talk to base legal if their is abuse or otherwise destructive to the goverment things going on in the house they will move him into the barracks. You are entitled to that base housing/BAH until you are legaly divorced. If you have children make sure the BAH is counted seperate from the child support. BAH is not child support it is an extra entitlement.

Regardless talk to base legal they are for dependants as well as service members and its free. They can't represent you but they have to give you all the free advice you want and help you draft stuff.


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## Anonymous_Female (Apr 16, 2011)

Thanks for the replies! I plan to give JAG a ring before I move back in with him (we PCS in August and will remain separated until then) to make sure, just wanted to get some feelers out there now.


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## Niceguy13 (Apr 7, 2011)

with a PCS upcoming they will probaly change his orders to unaccompanied or hold him at current duty station. Not sure what they will do about a PCS situation but the the chances another command is going to hand off the trouble is not likley. Talk to legal ASAP don't procasinate


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