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About Base Housing After Divorce

As a military spouse, chances are that you and your husband or wife live together on a military base. When a couple chooses to divorce but the both live on the base, it seems necessary that one spouse would need to relocate in order to facilitate a separation. This means that the non-serving spouse would have to leave, because the military member still has to report at work every year. While this may seem logical, the fact is that a military member does not have the right to evict his spouse and family from base housing. The only party with that authority is the installation commander. Even if a military member wants a divorce, he cannot kick his family out of their home.

Contrary to common knowledge, when a couple decides that they need to separate, a first sergeant or commander will typically instruct the military member to move into the base dormitory or the barracks. This is because the military has the authority to house a military member in the dorms but has no authority to provide free payment to a military spouse. Once a military member stops residing in his home because of a separation, the commander will typically notify the military family that they have 30 days to vacate the premises.

This is because, in most situations, the military does not have the right to house military families where a military member is not present any longer. The military does not have to pay for the family’s moving expenses because the Joint Travel Regulation says that moves of this nature are simply “personal problems.” If you need more information about military housing and divorce, or want to hire a military attorney to come alongside you and help you out, then talk to Cutter & Lax today!

Categories: Family Law


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