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A decision was requested as to whether a military member, whose divorce decree was being appealed, was entitled to basic allowance for quarters (BAQ) at the with-dependent rate. The issue in this matter was whether the member's BAQ entitlement at the with-dependent rate continued for the period between the time that a decree of divorce was issued to the couple and the time that a court of appeals dismissed the wife's appeal of that divorce decree. Under governing State law, the finality of the divorce decree is suspended when the judgment is appealed and, although on disposition of the appeal the original judgment becomes final, the member is considered as having a lawful spouse during the pending of the appeal. Therefore, the member was entitled to BAQ at the with-dependent rate until the appeal was settled. However, the member should show that, after the decree of divorce and during the pendency of the appeal, he in fact continued to provide support to his wife until the final judgment.


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