Military Divorce and Housing: BAH, Base Housing, and Your Home

The Unique Housing Challenges of Military Divorce

Military divorce involves unique considerations that civilian divorces do not face, particularly when it comes to housing. From Basic Allowance for Housing (BAH) to base housing eligibility and the Servicemembers Civil Relief Act, military families must navigate a complex intersection of military regulations and family law.

Basic Allowance for Housing (BAH) in Divorce

BAH is a significant benefit that directly affects housing decisions during and after military divorce. Understanding how BAH works in the context of divorce is essential for both the service member and the spouse.

During separation, the military has specific rules about BAH. If the couple has dependent children, the service member typically continues to receive BAH at the with-dependents rate. If there are no children, the rate may revert to the single rate after the divorce is finalized.

The non-military spouse does not directly receive BAH, but the amount may be considered by courts when determining spousal support or child support obligations. Some separation agreements require the service member to use BAH to pay for the family's housing during the divorce process.

Base Housing During Divorce

If the family lives in on-base housing, divorce creates immediate housing concerns. Generally, the non-military spouse must vacate base housing within a specified period after the divorce is final, typically 30 to 90 days. However, policies vary by installation and branch of service.

During the divorce process, the family may continue to live in base housing if the service member still resides there. If the service member moves out, the remaining family members may need to relocate. It is critical to understand your specific installation's policies early in the divorce process.

The Servicemembers Civil Relief Act (SCRA)

The SCRA provides important protections for service members facing legal proceedings, including divorce. Key housing-related protections include limits on mortgage interest rates for pre-service mortgages at 6%, protection against foreclosure without a court order during active duty and for a period afterward, the ability to request stays in civil court proceedings, including divorce, if military duties materially affect the ability to participate, and protection against lease termination if the service member is deployed.

These protections can affect the timeline and process of divorce property division, so both parties should understand how the SCRA applies to their situation.

Off-Base Housing: Mortgage and Lease Considerations

Many military families purchase or rent homes off-base using BAH to cover housing costs. When divorce occurs, several issues arise. If the mortgage was obtained using a VA loan, special rules apply to assumption and refinancing. The non-military spouse typically cannot assume a VA loan on their own, but may be able to refinance into a conventional loan.

If the home was purchased in a location where the service member was stationed, a Permanent Change of Station (PCS) order can complicate the sale or rental of the property. The Servicemembers Civil Relief Act may provide some protection against lease obligations if the service member is reassigned.

VA Loan Entitlement After Divorce

VA loan entitlement is an important consideration in military divorce. If the divorcing couple has an existing VA loan, the service member's entitlement remains tied to that property until the loan is paid off or refinanced into a different loan type. This means the service member may not be able to use their VA loan benefit to purchase a new home until the existing VA loan is resolved.

If the non-military spouse keeps the home and refinances into a conventional loan, the service member's VA entitlement is restored and can be used for a future home purchase.

Deployment and Property Division

Deployment can significantly complicate divorce proceedings and housing decisions. A deployed service member may not be able to participate in home showings, appraisals, or closings. Powers of attorney can help, but they must be carefully drafted to cover specific real estate transactions.

Resources for Military Families

Several resources are available to help military families navigate housing issues during divorce. Military OneSource provides free legal consultations and counseling. Installation legal assistance offices can provide basic legal guidance. The Armed Forces Legal Assistance program offers free legal help to eligible service members and their families.

Get Specialized Help

Military divorce and housing issues require specialized knowledge. Work with professionals who understand both military regulations and family law to protect your rights and make informed decisions about your housing future.

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