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With or without dependents ?

If a Military member was married to their high school sweetheart who refused to leave their hometown and PCS with him to the next duty station and the spouse also refused to receive any money from the Service member because they didn't want them to join the military in the first place are they still considered a dependent according to the military? Would the service member still be entitled to with dependent items or would they be considered without dependents?

all admin paperwork complete and turned in, ID Card issued etc but she rather stay in her hometown. 

Spouse also has a with the service member. 

5 Answers

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  • 2 months ago
    Favorite Answer

    The spouse is still a dependent. The member will not be allowed to live in single housing (barracks) on base. He will either be assigned a house in the married area on base or he will be required to live off base and will be given BAH at the with dependent rate. It does not matter if the dependent spouse takes money or not, he will be expected to see that she has a place to live. I think if he went in despite her objections then the marriage is over and they should get divorced. Obviously they are not that committed to each other.

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  • 2 months ago

    This is what I found 

    E.  Adequate Support.  If the support requirements are not established by court order or legal separation agreement, a member must provide a support amount that is not less than the BAH-DIFF rate applicable to the member’s grade.  The support amount required to retain or receive a housing allowance for a dependent does not necessarily mean that such amount is adequate to meet the Service Concerned policy as to what constitutes adequate support in the absence of a legal separation agreement or court order.  

     

    Seems to me if the SM doesn't provide adequate support they are not authorized with dependent rate.

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  • Jason
    Lv 7
    2 months ago

    If she's registered in DEERS, she's a dependent and the BAH, etc. will reflect that. 

    You DO recognize the bigger issue though, right? You do see that this is going to end in divorce, right? 

    There is a reason 8 out of 10 first-term enlisted marriages don't survive that term of enlistment... 

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  • Mrsjvb
    Lv 7
    2 months ago

    Yes they are still entitled to BAH at the with dependents rate.  But they cannot reside in barracks or MFH.  The spouse is entitled to be enrolled into DEERS and get Tricare.  As for any other entitlements, that depends on several factors.  Sounds like you need to divorce ASAP

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  • 2 months ago

    Yes, she is a "dependent" (in terms of being eligible for benefits / dependent items). The couple can choose to file Married Joint or Married Filing Separate. But why would the spouse turn down money ? < That might not be legal because he has a duty to support his child.

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