Legal Question in Military Law in Louisiana

BAH/Divorce

If i was in training and recieving BAH, and using my BAH to pay for off-base housing and the rsst to pay for my spouses credit card debt is he still entitled to my money or back pay. I am also about to receive a 16,000 dollar bonus while going through a divorce and my soon to be X spouse is trying exploit me and get all of my pay. Is this legal. Also I am from Louisianna and the laws are different down there. I just want a quick and free consultaion about this situation. Thank you for your time.


Asked on 6/02/09, 8:37 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: BAH/Divorce

I actually litigated this very issue for a soldier in the Army last year. In his case the bonus, which accrued at the moment of signing, was non-marital property because he enlisted before he was married. If this is your case, you're probably okay. However, different states have different rules, and it all depends on where the divorce is filed.

If you re-enlist while married and get rights to a bonus, some portion of that bonus will be marital property and will likely have to be divided. However, courts tend to look at the equities of the situation, as well as at marital fault, and it depends a lot on factors beyond those you've provided in your short summary of the facts. You really need a divorce lawyer in the state where the divorce is filed to give you some help.

I can tell you that the military will not allow him to get all your pay. No court will allow him to get all your pay.

Good luck,

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Answered on 6/03/09, 9:41 am


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