Military families in Michigan face unique challenges when marriages end. The stress of deployments, frequent relocations, and long separations can strain even the strongest relationships. Understanding how military divorce works in Michigan is essential for service members and their spouses who are considering separation.
Military divorce follows many of the same rules as civilian divorces, but with important differences. Michigan is a no-fault divorce state, meaning couples don't need to prove wrongdoing to end their marriage. They simply need to state that the marriage has broken down beyond repair.
Residency Requirements for Filing
In Michigan, either spouse must be a resident of the state for at least 180 days before filing for divorce. However, courts often waive this requirement for military families who have moved frequently due to service obligations. This flexibility recognizes that military members may not maintain traditional residency in one location.
Service members can sometimes choose where to file for divorce if they've lived in multiple states. Since each state has different laws about property division and support, this choice can significantly impact the outcome. Michigan uses equitable distribution, meaning property is divided fairly but not necessarily equally.
How Military Service Affects Divorce Proceedings
The Servicemembers Civil Relief Act provides important protections for active duty military members during divorce proceedings. This federal law ensures that service members aren't caught off guard by legal proceedings while they're deployed or unable to attend court.
SCRA Protections Include:
- The right to request a 90-day stay of proceedings if unable to participate due to military duties
- Protection from default judgments when deployed
- Additional extensions if military obligations continue to prevent court participation
- Required confirmation from the member's commander that they cannot take leave
These protections pause the divorce process, giving the service member time to participate fully in important decisions about their future.
Serving Divorce Papers to Active Duty Members
Getting divorce papers to a deployed service member can be challenging. If the member is stationed on a U.S. military base, regular process servers may not have access. Michigan law allows service by mail, which often works best for military divorces.
For service members deployed overseas, military authorities can sometimes assist with delivering papers. The process follows similar rules to serving papers in areas under federal jurisdiction. A divorce attorney experienced in military cases can navigate these complications effectively.
Division of Military Retirement Benefits
Military retirement benefits are considered marital property in Michigan and can be divided during divorce. This is often one of the most valuable assets in a military marriage, especially for members approaching 20 years of service.
The 10/10 Rule
The Defense Finance and Accounting Service (DFAS) will make direct payments to a former spouse if they meet the 10/10 rule. This means the service member must have completed 20 years of service, and the couple must have been married for at least 10 years that overlapped with 10 years of military service.
If the former spouse doesn't qualify for direct DFAS payments, they can still receive their share of retirement pay. However, the service member must pay them directly rather than through automatic deduction.
How Retirement Benefits Are Calculated
The division of military retirement follows this general approach: if a service member served 30 years and was married for 20 of those years, two-thirds of the pension belongs to the marriage. Each spouse would typically receive half of that portion.
Retirement Division Example |
Total Service: 30 years |
Years Married: 20 years |
Monthly Pension: $3,000 |
Marital Portion: $2,000 (2/3 of total) |
Each Spouse Receives: $1,000 |
Military Member Keeps: $1,000 (time served outside marriage) |
A Qualified Domestic Relations Order (QDRO) is necessary to officially divide military retirement benefits. This court order tells DFAS how to split the payments.
Limits on Retirement Pay Division
The Uniformed Services Former Spouses' Protection Act (USFSPA) sets limits on how much retirement pay can be garnished. The disposable income cap is 50% for retirement division alone, or 65% if child support is also being paid. Even if a court awards more than 50%, DFAS will only deduct up to these limits.
The 20/20/20 Rule
Former spouses may continue receiving TRICARE medical benefits after divorce if they meet the 20/20/20 rule:
Requirements for Continued TRICARE:
- The service member performed at least 20 years of creditable service
- The couple was married for at least 20 years
- At least 20 years of the marriage overlapped with military service
Former spouses who meet these requirements keep full TRICARE coverage unless they remarry or obtain health insurance through an employer.
The 20/20/15 Rule
A modified version called the 20/20/15 rule offers temporary coverage. This applies when the marriage lasted 20 years, the member served 20 years, but only 15 years overlapped. Former spouses under this rule receive TRICARE coverage for one year after the divorce.
Temporary Coverage Options
Spouses who don't qualify for either rule may be eligible for the Continued Health Care Benefit Program (CHCBP). This program provides up to 36 months of coverage after divorce, though the former spouse must pay premiums.
Child Custody and Support in Military Divorces
Michigan courts determine custody based on the child's best interests, evaluating multiple factors. Military service adds complexity to these decisions, especially when deployment or overseas assignments are involved.
Factors Courts Consider:
- Love, affection, and emotional ties between parents and child
- Each parent's ability to provide food, clothing, and medical care
- Length of time the child has lived in a stable environment
- Mental and physical health of both parents
- The child's preference if old enough to express one
- Each parent's willingness to encourage a relationship with the other parent
- Any history of domestic violence
- The child's home, school, and community record
Frequent deployments and overseas assignments can complicate custody arrangements. Courts may appoint a guardian ad litem to represent the child's best interests in these situations.
Child Support Calculations
Child support is based on both parents' income, including the service member's total entitlements. This includes base pay, housing allowance, subsistence allowance, and special pays. Many courts don't fully understand military compensation, making experienced legal representation important.
Special rules govern garnishing child support directly from a service member's paycheck. A military divorce attorney can explain these requirements and ensure proper payment arrangements.
Spousal Support Considerations
Spousal support, also called alimony, isn't automatic in Michigan divorces. One spouse must demonstrate financial need or significant income disparity. The court considers multiple factors when determining whether to award support and how much.
Factors Affecting Alimony
Courts look at the length of the marriage, each spouse's income and earning ability, and whether one spouse sacrificed career opportunities to support the military member's career. Military spouses often move frequently, making it difficult to maintain careers, which courts consider when awarding support.
Michigan courts can also consider marital fault, such as infidelity or abuse, though this isn't the primary factor. The focus remains on ensuring both parties can support themselves after divorce.
Special Challenges in Military Divorces
Determining which court has jurisdiction can be complex when service members are stationed outside Michigan. Generally, courts need jurisdiction over both parties to issue a divorce decree. However, the SCRA may allow military members to delay or challenge jurisdiction.
Military members stationed overseas may face additional complications. Working with attorneys familiar with both Michigan law and military regulations helps navigate these jurisdictions issues.
Property Division Beyond Retirement
Military families may have unique assets beyond retirement benefits. These include:
Military Asset | How It's Handled |
Thrift Savings Plan | Divided like civilian 401(k) plans |
Survivor Benefit Plan | Courts decide if former spouse remains beneficiary |
VA Disability Benefits | Generally not divisible as marital property |
Education Allowances | Service member decides allocation to spouse or children |
Base Privileges | Depend on meeting 20/20/20 or 20/20/15 rules |
Impact of Divorce on Military Life
Research shows military members who divorce face increased stress and health challenges. Studies have found higher rates of post-traumatic stress disorder symptoms, depression, and alcohol use among recently divorced service members compared to those who remain married.
Interestingly, divorced service members are actually more likely to deploy within three years following divorce than their married counterparts. This suggests divorce doesn't negatively impact deployment eligibility and may indicate that some members volunteer for deployment to cope with emotional difficulties.
Getting Legal Help for Military Divorce
Military divorce involves federal laws, state laws, and military regulations that interact in complex ways. The USFSPA, SCRA, and Michigan family law all play roles in determining outcomes. Attorneys experienced in military divorce understand these overlapping rules and how to protect their clients' interests.
What Military Legal Assistance Offers
Service members can access free military legal assistance through Judge Advocate General (JAG) officers. These attorneys provide information and advice about divorce implications, but they cannot represent either spouse in family court. They can refer service members to civilian attorneys when representation is needed.
Legal assistance offices can help with:
- Understanding divorce implications
- Explaining military benefits and how divorce affects them
- Providing information about support obligations
- Referring to civilian attorneys for court representation
Finding the Right Attorney
Both service members and civilian spouses benefit from attorneys who understand military life. Look for lawyers familiar with military retirement division, TRICARE eligibility rules, and how deployments affect custody arrangements. Many Michigan family law attorneys specialize in military divorce cases.
Financial Considerations During Military Divorce
Military divorces often involve complex financial issues. Service members should work with financial counselors to organize their finances before and during divorce proceedings. Many installations offer free financial counseling services.
Common Financial Concerns
Military families face unique financial challenges during divorce. Loss of base housing, reduced family income, and changes in medical benefits all create financial stress. Both spouses need to understand their financial rights and obligations.
Former spouses may lose access to base housing, commissary privileges, and exchange benefits unless they meet specific criteria. These lost benefits can significantly impact their financial situation and should be considered during negotiations.
Moving Forward After Military Divorce
Divorce is emotionally difficult for everyone involved, but military families face additional challenges. Service members and their spouses should prioritize their wellbeing and that of their children during this transition.
Support Resources Available
Multiple resources exist to help military families cope with divorce:
- Military OneSource offers free confidential counseling
- Financial counseling helps both parties manage money during separation
- Family support programs provide guidance for children adjusting to divorce
- Health and wellness coaching addresses physical and emotional needs
Protecting Children During Divorce
Children of military families often struggle with the many changes divorce brings. Parents should work together to minimize disruption and maintain stability. Using age-appropriate resources to discuss divorce helps children process their emotions.