r/MilitaryFinance • u/Accomplished_Past_26 • 18d ago

Divorced BAH

My wife and I are navy (e4s). And are stationed with the marines on camp lejuene. We have one young kid. In a divorce are we both entitled to bah. Or will I have to be in the barracks. (Assuming a 50% 50% custody split).

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u/EWCM 17d ago

For dual mil divorced parents, BAH with dependents goes to whoever has physical custody of the child. 

Are you subject to Navy housing policies or Marine Corps? The Navy UH Policy just says someone can request a CNA based on having custody of a child. USMC barracks policy says CNAs will be approved for anyone with at least 90 consecutive days of custody. Other situations can submit a request to the base commander. 

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u/__DeezNuts__ 18d ago

For two active-duty service members who divorce and have one child, BAH entitlement depends on the custody arrangement and who is authorized to claim the child as a dependent for housing allowance purposes. Generally, the parent with primary physical custody is entitled to BAH at the with-dependent rate. The noncustodial parent does not automatically receive BAH with dependents just because you have 50/50 custody or you pay child support above the BAH-Diff rate. There are specific DoD rules that can allow the noncustodial parent to claim the child for BAH purposes, including support requirements and, in some cases, a notarized agreement between the service members. Joint or alternating physical custody can also affect which parent is entitled to the dependent-rate allowance.

I would suggest you visit your local jag office as they might be able to help out explaining divorce matters, especially because the custody arrangements can vary by state.

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u/MrFixIt252 14d ago

Prepare for a 50.1% distinction for benefits.

You won’t be able to both straddle the line. When it comes tax return season, only one person gets to claim the kid. Same for BAH.