QUESTION

Is she entitled to any of my earnings while deployed?

Asked on Mar 31st, 2013 on Divorce - Texas
More details to this question:
I have been married for 8months, and 6 of those 8 months I've been deployed (air force). I have no kids, no property, I never lived with her I haven't even had sex with her yet due to her excuses. She continues to lie an lie over again. Also I've been paying her $420 a month.
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1 ANSWER

Litigation Attorney serving San Antonio, TX at Graves Law Firm
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As long as you're married to her you're under a mutual duty of support. Presumably you're drawing BAH at the married/with dependent rate, so the bare minimum the Air Force expects you to send her is the difference between the married/with dependent rate and the single rate. If your marital status is getting you more money than you're sending her, relax and bank the profit, and don't rock the boat too hard an argument could be made that you should be sending her the whole BAH since presumably you don't have any housing expense of your own while deployed. On the other hand, if she's actually costing you more money than she's gaining you, or for other reasons you're eager to get a divorce or annulment, you don't have to be on the ground in Texas to file and get the 60-day clock turning.
Answered on Apr 02nd, 2013 at 3:39 PM

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