Military info.

Notarization guide for overseas members

Your prenuptial agreement must be signed and notarized by both parties before your proxy marriage ceremony. If you or your partner are overseas, here is how to get it done.

How to use your base JAG office

Every military installation has a legal assistance office, commonly called the JAG office. Active duty members can get free legal help there including prenuptial agreement review. Here is what to expect.

What JAG can help you with

• Reviewing your prenup draft before you sign
• Notarizing documents including consent affidavits for proxy marriage
• Explaining how military laws like USFSPA, SCRA, and SBP affect your situation
• Powers of attorney for deployment
• Wills and estate planning

How to make an appointment

1. Find your installation's legal office

   Search your installation name plus "legal assistance office" or "JAG office" online. Most bases list hours and contact information on their official website.

2. Call or walk in to schedule

   Some installations allow walk-in appointments for legal assistance. Others require scheduling in advance. Call ahead to find out. Morning slots fill up fastest.

3. Bring your military ID and your documents

   You need your military ID to access legal services. Bring your printed prenup draft and any supporting documents. The more prepared you are, the faster the appointment goes.

4. Ask your specific questions

   JAG lawyers are there to help you. Ask about USFSPA, the Survivor Benefit Plan, TSP division, deployment protections, and anything else in your prenup you want to understand better. Write your questions down before you go.

What to bring to your JAG appointment

• Your military IDRequired to access legal assistance services
• Your printed prenup draftPrint two copies, one for you and one for the JAG lawyer to mark up
• Your marriage certificate or proxy marriage documentationIf you are already married. If not yet married, bring your proxy marriage service paperwork.
• Any property documentsDeeds, vehicle titles, or account statements for assets listed in your prenup
• Divorce decree if applicableCertified copy if either party was previously married
• A list of your questionsWrite them down before you go so you do not forget anything

Documents checklist

Getting married as an active duty member involves more paperwork than a civilian wedding. Here is everything you need to have ready before and after your proxy marriage.

Before the proxy marriage ceremony

• Signed and notarized prenuptial agreementMust be completed before the ceremony. Both parties must sign in front of a notary.
• Valid government-issued photo ID for both partiesPassport, military ID, or state driver's license
• Birth certificates for both partiesCertified copies preferred
• Signed and notarized affidavit of consentRequired by the proxy marriage service. Confirms both parties are entering the marriage freely.
• Divorce decree if previously marriedCertified copy required for both parties
• Military orders if applicableSome proxy marriage services require proof of active duty status

After the proxy marriage ceremony

• Certified copy of your marriage certificateGet at least three certified copies. You will need them for DEERS, name change, and other purposes.
• Spouse's passport or government-issued IDRequired for DEERS enrollment and military ID card issuance
• Completed DD Form 1172-2Application for Identification Card or DEERS enrollment. Available at your ID card office.
• Updated SGLI beneficiary formChange your Servicemembers Group Life Insurance beneficiary through your unit admin office
• Updated TSP beneficiary designationLog in to your TSP account at tsp.gov to update your beneficiary
• BAH dependency status updateSubmit through your finance office or unit admin to update your housing allowance rate

What changes in your pay and benefits when you get married

Getting married as an active duty member triggers several changes to your pay and benefits. Most of them are in your favor. Here is what to expect.

BAH and how marriage changes it

BAH stands for Basic Allowance for Housing. It is a non-taxable monthly payment that helps cover your housing costs when you live off base. The amount depends on your pay grade, your duty station zip code, and whether you have dependents.

Without dependents vs with dependents

When you get married and add your spouse as a dependent in DEERS, your BAH jumps from the without-dependents rate to the with-dependents rate. The with-dependents rate is always higher. In high cost-of-living areas like San Diego, Washington DC, or Honolulu the difference can be several hundred dollars per month.

What counts as a dependent for BAH

• A legally married spouse
• A child under 21 in your custody
• A child under 23 who is a full-time student
• A dependent parent in certain circumstances

Your proxy marriage certificate is proof of marriage. Once your spouse is enrolled in DEERS and your dependency status is updated with your finance office, your BAH rate changes automatically.

OHA for overseas members

If you are stationed outside the United States, you receive OHA instead of BAH. OHA stands for Overseas Housing Allowance. It works differently from BAH because housing costs vary much more between overseas locations.

How OHA is calculated

OHA is based on actual rental costs in your overseas duty location. Each overseas market has its own rate. The allowance covers a set percentage of median rental costs for your pay grade in that market. When you have dependents, the allowance increases because larger housing is assumed.

Moving your spouse overseas

When your spouse joins you at an overseas duty station, your OHA rate increases to reflect the cost of housing a family rather than a single person. You also become eligible for MIHA, the Move-In Housing Allowance, which helps cover one-time costs like security deposits and utility hookups.

Spouse not yet at your overseas location

If you are married but your spouse has not yet joined you overseas, you may still qualify for the with-dependents OHA rate depending on your specific situation. Contact your finance office to find out what applies to you.

How to update your records after the proxy marriage

Once your marriage certificate is in hand, move quickly. These updates affect your pay, your spouse's access to benefits, and your coverage. Here is the right order to do things.

1. Enroll your spouse in DEERS

   Go to your nearest ID card office or Real-Time Automated Personnel Identification System (RAPIDS) site with your marriage certificate and your spouse's ID. This is the first and most important step. Everything else flows from DEERS enrollment.

2. Get your spouse a military dependent ID card

   Done at the same appointment as DEERS enrollment in most cases. Your spouse's ID card gives them access to the installation, commissary, exchange, and TRICARE.

3. Update your dependency status with your finance office

   This triggers the BAH or OHA rate change. Bring a copy of your marriage certificate. Your pay should update within one to two pay periods.

4. Update your SGLI beneficiary

   Contact your unit admin office or use the online SGLI portal to change your life insurance beneficiary to your spouse. Takes about 10 minutes.

5. Update your TSP beneficiary

   Log in to your TSP account at tsp.gov and update your beneficiary designation. Your spouse will not automatically be your TSP beneficiary just because you are married.

6. Update your will and other estate documents

   Your JAG office can help you create or update a will to reflect your new marriage. This is especially important if you have assets, children from a prior relationship, or are in a high-risk assignment.

7. Check your new BAH or OHA rate

   Once your dependency status is updated, verify your new housing allowance rate is correct on your next Leave and Earnings Statement. If it has not changed after two pay periods, contact your finance office.