Divorce brings significant life changes, with your housing situation often becoming an immediate concern. If you are a military spouse facing the end of your marriage, you may be wondering if you can continue living in your current home once the divorce is official.
Base housing eligibility after a finalized divorce
The military assigns base housing to the service member, not to the family as a whole. Once the court finalizes a divorce, the former spouse who is not the active-duty member generally loses eligibility to live on the installation.
In most cases, the installation commander or housing office expects you to leave the home within a set period. The timeline can vary, but 30 to 60 days is a common window.
It is worth noting that filing for divorce alone does not automatically force you to leave the home. If you are still legally married, your status as a dependent generally remains until the entire process is over.
Hawaii’s role in military separations
Hawaii follows an equitable distribution model in military separations, which means the court divides marital property based on what it considers fair rather than splitting everything equally. Base housing does not count as marital property, but the court may still take it into account when it makes decisions about which parent receives custody and how much spousal support is owed.
If you receive primary physical custody, the installation may allow you to stay in the home in certain situations. To secure this, you might need to ask for a waiver through the housing office and the command.
Hawaii’s family courts can also issue temporary orders during the process that address housing directly. These orders provide short-term stability while you work toward a permanent arrangement.
Financial support and relocation planning
The Basic Allowance for Housing (BAH) acts as your main source of support for housing costs. During legal proceedings, a court can issue a temporary support order that requires your former spouse to provide financial assistance for your living expenses, calculated using their total income, including BAH.
Additionally, the military classifies Hawaii as an overseas duty station, letting you request a “Return of a Former Spouse” after the court issues your divorce decree. This program allows you to relocate to the mainland at the government’s expense. The installation commander must approve the request, and you must complete your travel within a year.
An attorney can negotiate spousal and child support as part of your settlement, request temporary court orders and review your installation’s specific policies to help you understand the timeline for vacating. They can also file all the necessary paperwork so that your move to the mainland goes smoothly.