Michigan Military Divorce Calculator

Michigan courts divide military retirement as marital property under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408), using equitable distribution rather than automatic 50/50 splits. The 2017 Frozen Benefit Rule limits the divisible amount to the retirement value on the divorce date. Only the servicemember's "disposable retired pay" after deductions for VA disability benefits and SBP premiums can be divided—federal law caps division at 50% for property division alone, or 65% when combined with support orders.

The 10/10 rule determines whether DFAS will make direct payments to the former spouse: the marriage must have lasted at least 10 years, during which the servicemember performed at least 10 years of creditable military service. If the 10/10 rule is not met, the former spouse may still receive their court-ordered share, but payment must come directly from the servicemember rather than through DFAS garnishment. This rule is about payment method, not entitlement.

Former spouses who meet the 20/20/20 rule—20 years of marriage, 20 years of military service, and 20 years of overlap—retain full TRICARE benefits for life unless they remarry or obtain employer-sponsored coverage. The 20/20/15 rule (15 years of overlap instead of 20) provides only one year of transitional TRICARE coverage. Former spouses who don't qualify for either rule may purchase CHCBP coverage (similar to COBRA) for up to 36 months by applying within 60 days of the divorce.

No. Federal law under 10 U.S.C. § 1408 specifically exempts VA disability payments from division as marital property. The 2017 Supreme Court decision in Howell v. Howell confirmed that state courts cannot order servicemembers to indemnify former spouses for reductions in retired pay caused by VA disability waivers. However, VA disability payments do count as income for calculating child support and spousal support in Michigan—they simply cannot be divided as property.

You can file in Michigan if you or your spouse has resided in the state for 180 days and in the filing county for 10 days, per MCL § 552.9. Servicemembers stationed in Michigan can establish residency even if their legal home of record is another state. Alternative filing locations include the servicemember's state of legal domicile or the non-military spouse's state of residence. Federal law requires proper jurisdiction for military retirement division orders to be enforceable.

Michigan's 2025 Child Support Formula Manual explicitly includes Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other military allowances as income for child support calculations. Although BAH is not taxable income, Michigan courts include it when determining a parent's ability to pay support. If a servicemember lives in on-base housing and receives no cash BAH, courts may not impute that housing value as income.

The Survivor Benefit Plan (SBP) provides the surviving beneficiary 55% of the selected base amount for life if the retiree dies first. Former spouse coverage is not automatic—it must be elected using DD Form 2656-1 within one year of the divorce decree. If the servicemember fails to elect coverage, the former spouse can submit a "deemed election" using DD Form 2656-10. Only one spouse or former spouse can be covered, meaning court-ordered former spouse coverage precludes any subsequent spouse from SBP benefits.

Yes. Under the Servicemembers Civil Relief Act (50 U.S.C. § 3931), active-duty servicemembers can request a 90-day stay of divorce proceedings when military duties materially affect their ability to participate. The court may grant additional 90-day stays if duties continue to prevent participation. However, the SCRA does not apply automatically—the servicemember must formally request the stay in writing and explain how military service prevents court appearance. Courts may deny stays if the servicemember has available leave time.