In a military divorce, the most valuable asset is often invisible until it’s gone. Retirement pay, disability elections, and survivor benefits don’t sit in a bank account—but decisions made during divorce can determine whether tens or hundreds of thousands of dollars will ever be paid at all.

Unlike civilian divorces, military divorces operate at the intersection of Michigan family law and federal statutes that strictly limit what courts can divide and how those benefits are paid. Misunderstanding those limits—especially with military pensions—can permanently reduce or eliminate a former spouse’s financial security.

For service members and military spouses in Southeast Michigan, understanding how military retirement and benefits are treated in divorce is not optional. It is outcome-determinative.

At Boroja, Bernier & Associates, we help military families throughout Washtenaw County, Oakland County, Macomb County, and the greater Ann Arbor area navigate these complex cases. Here’s what service members and military spouses need to know about divorce in Michigan.

How Federal and Michigan Laws Work Together in Military Divorce

Military divorces involve a unique interplay between federal law and Michigan state law. While Michigan courts handle the divorce itself—including property division, custody, and support—federal law governs how military pensions can be divided and provides certain protections for service members.

• The Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) is the federal law that allows state courts to treat military retirement pay as marital property subject to division. Without this law, military pensions would be entirely off-limits in divorce proceedings. However, the USFSPA doesn’t automatically entitle a former spouse to any portion of retirement pay—it simply permits Michigan courts to divide it if appropriate.

• The Servicemembers Civil Relief Act (50 U.S.C. § 3901) provides important protections for active-duty service members involved in legal proceedings, including divorce. This law allows service members to request a stay (postponement) of court proceedings if military duties prevent them from appearing or adequately preparing their case.

Michigan has also enacted specific protections for military parents in custody and parenting time matters under MCL 722.27 and MCL 722.27a, which we’ll discuss in detail below.

Dividing Military Retirement Pay in Michigan

For many military families, retirement pay represents the most significant asset accumulated during marriage. Understanding how Michigan courts divide this benefit is crucial.

Although federal law governs whether military retirement can be divided, Michigan law governs how much of that retirement is treated as marital property. Michigan courts apply equitable distribution principles, weighing factors such as the length of the marriage, the overlap between marriage and military service, each party’s financial circumstances, and how retirement benefits fit into the overall property division. Military retirement is rarely viewed in isolation—it is balanced against other assets, support obligations, and long-term financial needs.

Under the USFSPA, Michigan courts can divide the “disposable retired pay” earned during the marriage. Disposable retired pay is the gross retirement pay minus certain deductions, including amounts waived to receive VA disability compensation, Survivor Benefit Plan costs, and amounts owed to the government.

The definition of “disposable retired pay” is often where expectations and reality diverge. Amounts waived to receive VA disability compensation are excluded from division under federal law, even if the waiver occurs after divorce. As a result, a former spouse’s share of retirement can be reduced—sometimes dramatically—without violating the divorce judgment. This risk makes careful negotiation and protective drafting essential in military divorce settlements.

Military pension cases are often decided not by percentages, but by definitions.

The most common method for dividing military retirement is the “time rule” formula. This calculates the former spouse’s share based on the overlap between the marriage and military service.

For example: if a service member served 20 years and was married for 15 of those years, the marital portion would be 75% of the retirement. The court then typically awards the non-military spouse 50% of that marital portion—so 37.5% of the total retirement pay in this example.

Military retirement division is fundamentally about marital accrual. Only the portion of retirement earned during the marriage is subject to division. Service time before marriage remains separate property, while service during the marriage is treated as marital—regardless of whether the service member ultimately retires years later. Increases in rank or pay that occur after separation but are attributable to marital service time can still affect the value of the marital portion, making precise drafting and formulas critical.

Direct payments from the Defense Finance and Accounting Service (DFAS) to a former spouse are available if the marriage lasted at least 10 years overlapping with 10 years of creditable military service. This is often called the “10/10 rule.” If your marriage doesn’t meet this threshold, your former spouse may still be entitled to a share of retirement—but DFAS won’t pay them directly. Instead, the service member would need to make payments themselves.

VA Disability Compensation and Its Impact on Division

One critical consideration involves VA disability compensation. Under the USFSPA, disability pay waived to receive VA compensation cannot be divided as marital property. This can significantly reduce the amount available for division and often catches non-military spouses by surprise. When a service member waives retirement pay to receive tax-free VA disability benefits, the former spouse’s share decreases accordingly.

Disability elections are legal—but their financial impact on former spouses is often underestimated until it’s too late.

Child Support Calculations for Military Families

Calculating child support in military divorce cases requires understanding the full picture of military compensation. Base pay is only part of the equation.

Michigan courts consider all income when determining child support obligations.

For service members, this typically includes base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), flight pay, hazardous duty pay, sea pay, and bonuses and special pay.

Although BAH and BAS are not technically “taxable income” for IRS purposes, Michigan courts almost always include these allowances when calculating support obligations. The reasoning is straightforward: these allowances increase your actual ability to provide for your children, even if they’re not subject to federal income tax.

The specific amount of BAH varies significantly based on rank, location, and dependent status. A service member stationed at Selfridge Air National Guard Base in Macomb County will have different BAH than someone at a base in a higher-cost area. Courts examine the Leave and Earnings Statement (LES) carefully to capture all forms of compensation.

Protecting Custody Rights During Deployment

Deployment creates understandable anxiety for military parents. Will your absence be used against you in custody proceedings? Michigan law provides important protections.

Under MCL 722.27, if a motion to change custody is filed while a parent is deployed, the court cannot enter an order that changes the child’s placement from what existed on the date the parent was called to deployment—unless there is clear and convincing evidence that a change is in the child’s best interests. Even then, any custody change during deployment must be temporary.

When the deployed parent returns, the court must reinstate the custody order that was in effect before deployment. Additionally, when deciding any post-deployment custody motions, the court cannot hold the parent’s military absence against them in determining what arrangement serves the child’s best interests. Future deployments also cannot be considered as a negative factor.

Similar protections exist for parenting time under MCL 722.27a. Courts presume that the existing parenting time schedule should remain in place during deployment unless clear and convincing evidence shows otherwise.

These protections recognize an important principle: serving your country shouldn’t cost you your relationship with your children.

Practical Considerations for Deployed Parents

Even with legal protections in place, military parents should take proactive steps before deployment to protect their custody arrangements.

• Creating a detailed family care plan that addresses who will care for your children during deployment is essential. Many service members designate a family member—such as a grandparent—to exercise their parenting time while deployed. Michigan courts generally permit this arrangement, though the other parent may object.

• Consider including provisions in your custody agreement for virtual visitation through video calls, which can help maintain the parent-child bond during extended absences. Courts increasingly recognize technology’s role in supporting these relationships.

• Notify the court and the other parent of your deployment within a reasonable time, and inform the court of your return date within 30 days of returning. This documentation creates a clear record and triggers the legal protections available to you.

Jurisdiction Challenges in Military Divorce

Determining which state has jurisdiction over a military divorce can be complicated. Service members are often stationed far from their home state, and military spouses may live in different locations than the service member.

Michigan courts can handle your divorce if either spouse meets residency requirements.

Generally, at least one spouse must have lived in Michigan for 180 days and in the county where you file for 10 days before filing. For military families, a service member’s “legal residence” or “domicile” may remain Michigan even while stationed elsewhere.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Michigan at MCL 722.1101 et seq., governs which state has authority over custody matters. Generally, custody jurisdiction belongs to the child’s “home state”—the state where the child has lived for six consecutive months before the custody proceeding begins.

For military families who move frequently, determining the appropriate jurisdiction requires careful analysis. Filing in the wrong state can result in dismissed cases, wasted time, and additional legal fees.

Relocation After Military Divorce

Military life often requires moves. Whether for a new duty station or post-service opportunities, relocation can complicate custody arrangements.

Michigan’s 100-mile rule under MCL 722.31 requires court approval before moving a child’s legal residence more than 100 miles from their current residence (unless both parents consent). For military families, this creates tension between career obligations and custody arrangements.

Courts evaluating relocation requests consider factors including whether the move would improve the quality of life for the parent and child, the degree to which each parent has complied with custody orders, and whether the relocating parent’s motive is to frustrate parenting time.

Military orders requiring a move may be viewed favorably by courts, but a service member cannot simply relocate with children without following proper legal procedures. Working with an attorney before any planned move is essential.

Survivor Benefit Plan Considerations

The Survivor Benefit Plan (SBP) is often the most overlooked—and most important—component of military retirement division. Without SBP coverage, a former spouse’s right to receive retirement payments ends entirely upon the service member’s death, regardless of the divorce judgment. Courts can order SBP election, but if it is not properly elected and timely enforced, the protection is lost permanently.

Electing SBP coverage requires premium payments that reduce the service member’s net retirement pay. These costs and benefits should be carefully considered during settlement negotiations.

Frequently Asked Questions About Military Divorce in Michigan

Can my spouse take half my military retirement?

Michigan courts can divide the portion of military retirement earned during the marriage, but they won’t automatically award 50%. The court considers factors like the length of marriage, each spouse’s financial situation, and other property being divided. The “time rule” formula typically calculates what portion of retirement is marital property, and that amount is then divided equitably—which may or may not mean equally.

Does my spouse get military benefits after divorce?

Certain benefits may continue depending on the length of your marriage and military service overlap. Under the “20/20/20 rule,” a former spouse retains full commissary, exchange, and medical benefits if the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage and service overlapped by at least 20 years. Lesser benefits may be available under the “20/20/15 rule.”

How is BAH handled in child support calculations?

Michigan courts include Basic Allowance for Housing (BAH) as income when calculating child support, even though it’s not taxable. The court looks at your total compensation—including all allowances—to determine your ability to support your children. If you’re receiving BAH based on having dependents, that higher amount will typically be factored into support calculations.

Can deployment be used against me in custody decisions?

No. Michigan law specifically prohibits courts from considering a parent’s absence due to military deployment when making best-interests determinations in custody cases. Under MCL 722.27, courts must also reinstate pre-deployment custody arrangements when the service member returns. These protections ensure military service doesn’t unfairly impact your parental rights.

What if my spouse files for divorce while I’m deployed?

The Servicemembers Civil Relief Act allows you to request a stay (postponement) of divorce proceedings if your military duties prevent you from participating. Michigan courts must honor these requests. Additionally, Michigan’s custody statutes prevent permanent custody changes during your deployment, protecting your rights until you can fully participate in the proceedings.

Which state should we file for divorce in?

Jurisdiction depends on several factors, including where each spouse lives and where the children have resided. Military families often have options, and the “best” state may depend on that state’s laws regarding property division, support, and custody. Consulting with an attorney who understands military divorce can help you make a strategic decision.

Take the Next Step: Protect Your Rights and Your Family

Military divorce involves complexities that civilian divorces simply don’t have. From dividing retirement pay under federal regulations to protecting custody rights during deployment, the stakes are high—and the rules are different.

At Boroja, Bernier & Associates, we understand both Michigan family law and the unique circumstances military families face. Our attorneys help service members and military spouses throughout Washtenaw County, Oakland County, Wayne County, and Southeast Michigan navigate these challenging cases with confidence.

To schedule a consultation with the Michigan military divorce attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to protect your interests and your family’s future.