Michigan Military Divorce Lawyer - Kraayeveld Family Law

If you and your spouse have decided to divorce and one or both of you currently serve or have served in the armed forces, you may face unique issues and challenges in your divorce. These include resolving child custody, dividing military benefits, and establishing support. Military divorces also involve special rules and procedures. You need experienced legal counsel who can guide you and protect your interests. You need Kraayeveld Family Law.

With over 30 years as a reputable family law firm, we work tirelessly to help people navigate the impacts of military service on divorce. We offer individualized attention and responsive communication throughout your divorce case to provide the support you need during this challenging time in your life. You’ll never have to wait longer than necessary for answers to your questions and updates on your case; our one-business-day guarantee ensures prompt responses to your calls and emails.

How Is a Military Divorce Different from a Regular Divorce?

A “military divorce” refers to a divorce in which one or both spouses serve or have served in the armed forces. Military divorces differ from regular divorces in several ways, including expanded options for jurisdiction over the divorce proceeding, the serving process on an active-duty service member, and the division of military pay or benefits.

Where Would I File for Divorce if I Am in the Military?

As a member of the armed forces, you can file for divorce in the state where you serve, where you claim legal residency, or where your spouse resides. In most cases, the state you resided in when you entered the armed forces remains the state of your legal residency unless you voluntarily declare residency in another state. For example, if you serve in Michigan but claim residency in Indiana and your spouse has moved to Illinois, you could potentially file for divorce in any of those states.

How Is Child Custody Handled in a Military Divorce?

Resolving child custody in divorce can become much more complicated if one or both parents serve in the armed forces. Courts must decide child custody arrangements based on a child’s best interests. However, the realities of military life, including moving from state to state or serving overseas, can influence a court’s decision-making when designing a custody arrangement that serves the child’s best interests.

Parents and the court can resolve child custody and parenting time arrangements by adopting a parenting plan that reflects the various possibilities that may arise during a parent’s military service. These include relocating to another state or deployment overseas. Parents and courts may also create an alternative parenting plan that can go into effect if the service member parent gets transferred or deployed.

Further, military regulations require service members to provide their commanding officer with a formal Family Care Plan in certain circumstances, including:

A service member is a single parent with custody of a child under 19
A service member shares custody of a child under 19 with another person to whom the service member is not currently married
Both parents serve in the armed forces and have custody of a child under 19 (parents must sign the same Family Care Plan)
A service member has a child under 19, and the child’s other parent cannot take care of the child due to illness, disability, or another reason

What Benefits Does a Civilian Spouse Receive After a Military Divorce?

A civilian spouse may receive various benefits from their service member spouse following divorce.

First, a civilian spouse can receive part of their ex’s military retirement pay during property division in a divorce proceeding, as the law allows courts to treat military retirement pay like a civilian pension. Eligible civilian spouses can also continue to receive health insurance through the Department of Defense for life or up to a year after the divorce, in addition to commissary and exchange benefits. However, military disability benefits from the Veterans Administration do not qualify as a divisible asset, so courts cannot award a portion of such benefits to a civilian spouse.

Civilian spouses can request garnishment of a service member’s military or retirement pay for alimony or child support.

A civilian spouse who received their spouse’s GI Bill benefits can continue to receive benefits after divorce with the service member’s consent.

How Can the Servicemembers Civil Relief Act (SCRA) Help Me?

The Servicemembers Civil Relief Act (SCRA) protects active duty service members, including reserve and National Guard members, during legal proceedings. Some of the protections offered to active-duty personnel in divorce cases include:

Courts must appoint counsel to represent an absent active-duty member.
The court must grant a stay of the case lasting at least 90 days if it determines that the service member may have a viable defense to the case and that the service member’s legal counsel cannot present the defense in their absence.
Service members can request a 90-day stay of the divorce proceedings if they cannot attend court hearings due to their military service.

The SCRA also allows service members to seek relief from default judgments entered during periods of active-duty service. Service members can waive their rights under the SCRA in writing during or after their military careers.

What Is the Uniformed Services Former Spouses’ Protection Act?

The Uniformed Services Former Spouses’ Protection Act (USFSPA) recognizes the right of state courts to distribute military retirement pay to a spouse or former spouse. It provides an enforcement mechanism for state court orders through the Department of Defense.

The USFSPA does not automatically award a former spouse any portion of their ex’s military retirement pay. Instead, a state court must issue an order awarding the former spouse a portion of their ex’s retirement pay in a final order, judgment, or divorce decree. The USFSPA also allows former spouses to enforce current child support obligations, child support arrearages, and current alimony obligations.

Finally, the USFSPA requires that any enforceable state court order resulting from a divorce or other domestic relations proceeding involving a spouse on active duty follow the requirements of the SCRA.

How Is Property Divided During a Military Divorce?

Divorces in Michigan handle property division through the equitable distribution method. In equitable distribution, courts divide a divorcing couple’s property fairly, though not necessarily equally.

In deciding a fair division, courts consider factors such as the length of the marriage, the needs and financial resources of each spouse, the contribution of each spouse to the marital estate, and the parties’ conduct during the marriage. However, dividing assets such as retirement pay can become complicated when one or both spouses currently serve or previously served in the military.

What Are the 10/10, 20/20/20, and 20/20/15 Rules for Military Retirement?

Federal law imposes various rules on the division of military retirement pay or provision of military benefits, including the 10/10 Rule, the 20/20/20 Rule, and the 20/20/15 Rule.

Under the 10/10 rule, the Defense Finance and Accounting Service (DFAS) will send a former spouse of a retired service member a portion of their ex’s retirement pay if the spouses were married for 10 of the years that the retired service member served in active duty. Otherwise, DFAS will not send any payments to the former spouse.

Under the 20/20/20 Rule, a former spouse may continue to receive military benefits such as Tricare insurance after divorce if the couple was married for at least 20 years of the service member’s time in the armed forces.

Then there’s the 20/20/15 Rule. Here, if the couple was married for at least 20 years and the service member served for at least 20 years, but the marriage and active-duty service only overlapped for 15 up to 20 years, then a former spouse can receive one year of health benefits after divorce. This is provided that the former spouse does not remarry or have employer-sponsored health insurance. A former spouse also receives one year of commissary and exchange benefits after divorce. After benefits expire, the former spouse may purchase health insurance through the Department of Defense.

Can a Divorce Proceeding Be Put on Hold During Active Duty?

Under the SCRA, an active-duty service member can request a 90-day stay of a divorce proceeding if they cannot attend due to military service. The court must also impose a stay of at least 90 days if it finds that a service member unable to appear in court due to their military service has a viable claim or defense in the divorce proceeding and that defense requires the service member’s presence.

What Are Other Military Rules and Situations Regarding Divorce?

Military regulations require service members to support their spouse and children when living apart, regardless of whether the couple has filed for divorce. Upon a non-service member spouse’s request, the Department of Defense can send up to 50 percent of the service member’s pay to the other spouse for their and their children’s support.

Contact Our Michigan Military Divorce Attorneys Today

When filing for military divorce, get the legal help you need to manage the process, protect your rights and interests, and prepare a better future for your family. Contact Kraayeveld Family Law today for a confidential consultation with a Michigan military divorce lawyer. You’ll learn how we can help you resolve the complex issues that arise when one or both divorcing spouses serve in the armed forces.