Housing allowance is a significant component of military compensation, especially for married couples. When a military couple divorces, their ex-spouse can retain certain rights to compensation, which takes the housing allowance into account.

Since divorce is governed by state rather than military law, it’s essential to understand how Arizona courts handle housing allowances during divorce and child support proceedings.

Housing Allowances for Military Families

Basic Housing Allowance (BAH)

Servicemembers on permanent duty in any of the 50 states of the US can receive BAH to pay for accommodations outside of government quarters. BAH is intended to cover roughly 95% of a servicemember’s housing expenses, based on rental housing cost data for their duty location.

The DOD determines BAH by the servicemember’s pay grade, dependency status (whether they have children or other dependents), and ZIP code. BAH is calculated by the duty location even if the servicemember’s family lives elsewhere while they are on duty. You can look up BAH rates by ZIP code at the Defense Travel Management Office website.

Servicemembers may also receive:

  • Partial BAH, if they have no dependents and live in government housing
  • BAH RC/T (Reserve Component/Transit), for those in transit from selected areas where no BAH exists
  • BAH-Diff (Differential), for non-custodial parents with child support obligations who live in assigned housing

BAH-Diff is intended to help support a single or divorced servicemember’s child who lives with a parent outside government housing. The DOD provides a table showing BAH-Diff rates by pay grade.

Overseas Housing Allowance (OHA)

Servicemembers on permanent duty outside the US are eligible for the OHA if they live outside government housing. OHA is paid in three components: monthly rent, monthly utilities, and moving-in housing allowance (MIHA). OHA rates are calculated much as BAH rates are—they take into account the country and locality, as well as any unique expenses it may require.

Family Separation Housing Allowance (FSH)

Servicemembers may be eligible for FSH if they are assigned outside of the continental US (OCONUS) or sent to training without the option to bring their dependents. To receive FSH, they cannot have an option to stay in government housing.

Divorce, Custody, and Housing Allowance

A servicemember who divorces or gets a legal separation is not authorized to receive a housing allowance for their former spouse unless a court order requires them to pay support or they can prove that they do. See DoD 7000.14-R, Vol. 7A, Ch. 26 (May 2025), at subparas. 3.3.2.2–2.3.

Failing to pay child support is against military regulations. A servicemember cannot receive a housing allowance for a dependent that they do not support, and they cannot avoid responsibility by forfeiting their housing allowance. If they are not paying child support, they will have to repay any housing allowance for the child. See Vol. 7A, Ch. 26, at para. 3.3.4.

Servicemembers who pay child support while living on the local economy—that is, in private housing—can receive the with-dependent rate of housing allowance. However, the payments will depend on how much time the child spends in their physical custody, as well as their child support order. See Vol. 7A, Ch. 26, at paras. 3.3.2.4, 4.1–4.2.

When two servicemembers are married with children, only one partner is eligible to receive a with-dependent housing allowance. The couple may choose which of them will accept it; otherwise, the partner with senior rank will take it.

If a dual-servicemember couple divorces, the with-dependent housing allowance must pass according to the Financial Management Regulation. The parent named as primary physical custodian receives a housing allowance for the child, unless the co-parents live in private housing and agree otherwise. When the parents have joint custody, the parent who has physical custody may be eligible for the housing allowance during the time the child is with them. See Vol. 7A, Ch. 26 at para. 4.5.3.

Arizona Divorce Law and the Military

For a military couple who receives frequent assignments across the US, determining the right state for filing a divorce can be complicated. To get a divorce in Arizona, at least one spouse must have lived in the state for 90 days. A civilian spouse with residence in another state may decide to file there, depending on the state’s divorce law.

It’s wisest to consult an Arizona military divorce attorney about where you are filing—or where your spouse has already filed. They can advise you and prepare for any possible challenge to the jurisdiction, especially if one partner is seeking a more favorable state than the other.

In Arizona, the earnings of each spouse are community property. This ends only on the date of service of divorce papers or a petition for legal separation. See A.R.S. § 25-311. Under Arizona law, a military housing allowance—or the value of provided housing—can be included in a calculation of income for child support purposes. See Arizona Child Support Guidelines § II(A).

Guidance in Hard Times

You know how tough military regulations can be—nothing is simple. Don’t try to navigate a military divorce alone. Our Arizona divorce attorneys serve the areas of Yuma, Flagstaff, Tucson, Glendale, Cochise County, and Phoenix. Talk to us today at 480-448-0608 to schedule your case evaluation.