Legal Question in Military Law in Virginia

My girlfriend was (still) married to a member in the navy. They were getting a BAH and living in a rented home. He moved out Aug 08 and got a legal change of address. My girlfriend then started hanging out with me. In Oct 08 he came over to the house and beat her. Police reports were filed and she went to court. When filing for a full divorce, he debates that the time of separation was Oct 08. Now, it is Sep 09 and he is still slowing the process down. They had no property together. The only thing was his car was purchased under her name, but he has since re-financed the car in his name. Here's the kicker, in Jan 09 her and I (namely her) got pregnant. She is due at the beginning of Oct 09. The question I had was, was my girlfriend entitled to anything because of the separation? I heard that while separated, the spouse should still receive some of his BAH? Are there any other obligations she may be entitled to? My girlfriend is looking for something to have as possible leverage since her ex is now trying to put the divorce her being in an "adultery" relationship, which is bogus.


Asked on 9/08/09, 5:24 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, if I were the girlfriend, I would not be looking for her husband's BAH under the circumstances described.

Furthermore, if her husband were to charge adultery as one of his grounds for divorce, under the facts which you've offered which appear to include an adulterous relationship that may soon produce an illegitimate offspring, that charge would be anything but bogus under current Virginia law.

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Answered on 9/14/09, 6:04 pm


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