Will Your BAH or BAS Be Used to Calculate Child Support or Alimony? Here’s What the Courts Consider

When military families go through divorce or separation, the topic of money can get complicated—fast. One of the most common questions service members and their spouses ask is whether Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) will be factored into child support or alimony calculations.

The short answer? Yes—usually. But there are some exceptions.

What Are BAH and BAS?

• BAH (Basic Allowance for Housing) is intended to offset housing costs for service members who don’t live in government housing. It varies based on location, rank, and dependent status.
• BAS (Basic Allowance for Subsistence) is meant to cover meal costs. It's a flat monthly rate and does not vary based on dependents.

Although these allowances are not taxable and technically not considered “base pay,” family courts almost always count them as part of your income when determining support obligations.

Why Courts Include BAH and BAS

Family courts are focused on your actual ability to pay, not just your base salary. If you’re receiving thousands of dollars a month in housing and food allowances, that increases your overall financial resources—and the court will factor that in when calculating support.

This is especially important when:

• The service member lives off base and receives full BAH
• The spouse has primary custody and relies on support to meet the child’s needs
• There is a significant difference in income between the spouses

Are There Times When BAH or BAS Aren’t Included?

Yes, though these situations are less common. Here are two examples:

🔹 Example 1: On-Base Housing With No Cash Value

If a service member is living in government-provided on-base housing, they typically do not receive BAH in cash. In this case, even though the military is covering their housing, they’re not receiving a direct monetary benefit that increases their income.

Some courts may choose not to include BAH in support calculations if there is no cash value assigned to it. Others might still impute a fair market value for housing, especially if it seems relevant to maintaining a child’s standard of living. It often depends on the judge and the jurisdiction.

🔹 Example 2: Temporary or Fluctuating Allowances

In some cases, a service member might receive temporary or fluctuating BAH or BAS due to a deployment, PCS move, or other short-term assignment. If the allowance is clearly not recurring or stable, a court might exclude it from ongoing support calculations—or average it out over time rather than counting the full temporary boost.

What If You're the One Paying Support?

If you're the service member, it's important to ensure your support obligations are based on a realistic and sustainable picture of your income—not inflated by temporary or non-cash benefits. If you're the spouse, you want to make sure all sources of income are being considered to ensure a fair and accurate support award.

Key Takeaway

BAH and BAS will almost always be included as income, but exceptions do exist. The way your allowances are handled can significantly impact how much support you pay or receive. That’s why it’s critical to work with an attorney who understands military pay structures and how civilian courts interpret them.

Need Help Navigating Military Divorce?

Our firm works exclusively with military families. From understanding DFAS pay breakdowns to protecting your rights in support negotiations, we ensure your unique military circumstances are properly accounted for.

📞 Schedule a consultation today to protect your finances—and your future. Call 301-952-9000 or click HERE to schedule a consultation.