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Military Divorce in Michigan: Navigating Specialized Waters

Contact Wilson Kester today to schedule a consultation with attorneys who understand the unique challenges of military divorce in Michigan. Let us help you navigate these specialized waters with confidence and clarity.

When Standard Divorce Procedures Aren't Enough

Divorce is rarely simple, but when one or both spouses are active-duty military members, reservists, National Guard members, or military retirees, the complexity increases dramatically. Michigan family courts apply specialized rules and considerations that do not exist in civilian divorces, creating potential pitfalls for the unwary.

At Wilson Kester, we understand that military divorce requires specialized knowledge and experience to navigate successfully. Without proper guidance, you risk leaving substantial benefits on the table or facing unexpected challenges that could have been avoided.

Military-Specific Issues That Demand Expertise

Jurisdictional Complexities

Where to file your divorce is not always straightforward in military cases. The Servicemembers Civil Relief Act (SCRA) provides protections that can affect where and when a divorce can proceed. Military members stationed in Michigan may maintain legal residency elsewhere, creating jurisdictional questions that must be carefully addressed to prevent future problems.

Military Retirement Division

Perhaps the most complex aspect of military divorce is the division of military retirement benefits. Unlike civilian pensions, military retirement division is governed by federal law (the Uniformed Services Former Spouses’ Protection Act) and affected by the 2017 National Defense Authorization Act’s “frozen benefit rule.”

Dividing military retirement requires precise language that meets Defense Finance and Accounting Service (DFAS) requirements. Without exact wording, your order may be rejected, delaying benefits or potentially forfeiting them entirely. Even more concerning, improper division could cost tens or hundreds of thousands of dollars over a lifetime.

Protection During Deployment

Michigan law protects military members from having their deployment used against them in custody determinations. Understanding how to properly apply these protections requires familiarity with both Michigan statutes and military service requirements.

Healthcare and Survivor Benefits

Military healthcare benefits, TRICARE eligibility for former spouses, and the critical Survivor Benefit Plan (SBP) are complex issues with strict deadlines and application requirements. Failure to properly address these benefits in your divorce decree can result in permanent loss of coverage that cannot be corrected later.

Specialized Pay and Allowances

Military compensation includes various allowances and special pay that may be exempt from taxation but not necessarily from child support or spousal support calculations. Understanding the BAH, BAS, and other military-specific pay is essential to accurate support determinations.

The Value of Military Divorce Expertise

At Wilson Kester, we don’t just handle military divorces—we approach them with the specialization that the issues deserve. When necessary, we collaborate with respected experts in military benefit valuation, DFAS submission requirements, and SBP elections to ensure no detail is overlooked.

Our approach combines compassionate representation with technical precision. We understand both the emotional challenges you face and the complex regulations governing military benefits. This dual focus ensures your rights are protected while addressing the unique aspects of military service.

The stakes in military divorce are simply too high to risk working with attorneys unfamiliar with or who do not appreciate the unique challenges of a military divorce. Without proper guidance, you might:

 

  • Lose healthcare benefits you are entitled to maintain
  • Miss critical deadlines for electing survivor benefits
  • Have your retirement division order rejected by DFAS
  • Face improper support calculations that do not accurately reflect military compensation
  • Encounter jurisdiction problems that complicate enforcement

Your Next Step Toward Informed Decisions

Military service involves sacrifice—but that sacrifice should not extend to compromising your rights during divorce. By working with attorneys who understand the intersection of Michigan family law and military regulations, you gain the power that comes from informed decision-making.

It all Starts with Our FREE Initial Case Assessment – Call Now

Take control of your future with a Wilson Kester Initial Case Assessment. Our knowledgeable and approachable team is ready to guide you through the next steps. Don’t let uncertainty hold you back—contact Wilson Kester today and start your journey toward a brighter future!

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