Military Divorce and Base/Post Housing

A military divorce can differ from standard family law cases when it comes to domicile or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the the division of the military pension, which is often the community's largest asset. A firm understanding of these issues and others are necessary to successfully resolve your family law action.

Military housing is a common source of misconceptions. While on-base family housing is "issued" to the military member, the member does not have the authority to evict his/her military family members. Only the installation commander has that authority. In fact, in most cases, when a domestic situation has deteriorated to the point where physical separation is warranted, the first sergeant and/or commander will usually order the military member to reside in the barracks. This is because the military has the authority to house (for free) the military member in the barracks, but it has no authority to provide free billeting to military spouses.

Military family housing, by law, can only be occupied by military members who reside with their family members (other than authorized exceptions, such as when the military member is deployed, at sea, or serving in a remote-tour area). The services all have regulations which require the family housing unit to be vacated (usually within 30 days) if the military members stops residing there, or if there are no family members residing there. So, in most cases, in the event of a separation, the party remaining in the base housing unit must vacate (unless the remaining party is the military member and other dependents, such as children, remain). But the military will not pay for such moves. While the Joint Travel Regulation (JTR), paragraph U5355C authorizes the military to pay for short-distance household good transportation in the event a military member is ordered out of base housing, the regulation specifically prohibits this provision to be used for "personal problems." The regulation states: "A short distance HHG move, incident to moving to/from Government quarters, is not authorized to accommodate a member's personal problems, convenience, or morale."

If you are facing divorce, child support, or child custody issues in the Phoenix area, you need an experienced Phoenix divorce lawyer on your side. So contact us right away for a free consultation.