Unique Considerations for Military Divorces in Michigan

 Posted on June 17, 2025 in Divorce

Divorce is already a complex process, involving everything from what will happen to your property to how you will divide parental obligations and time with your children. Military divorces add another layer of complexity, often making financial and parenting decisions more challenging. If you are considering divorce and you or your spouse is a member of the military, you should speak with experienced Oakland County, MI military divorce attorneys right away.

How Does Military Divorce Affect Child Custody?

Military service can complicate child custody arrangements. According to Section 722.23 of the Michigan Compiled Laws, the court must prioritize the child’s best interests when determining custody, including who will make important decisions about the child’s upbringing and where they will live. If a military spouse is stationed far away or frequently deployed, it can complicate the custody allocation process. The court will consider it among other factors affecting custody decisions.

What Is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (SCRA) provides certain protections to a person who meets one of the following characterizations:

• Is a current or past member of the uniformed services

• Applied to be a member of the uniform services

• Has an obligation to serve in the uniformed services

Among the benefits is the right to child custody. A servicemember’s deployment or potential deployment can impact the outcome of a custody case, but it cannot be the sole factor in deciding custody.

Additionally, the SCRA includes a stay of civil proceedings for military personnel. This temporarily halts legal action to allow servicemembers to focus on their military duties without the burden of legal obligations at home. It can affect requests to modify custody, allowing them to postpone court proceedings if their military service impacts their ability to participate in court.

Does Divorcing Someone in the Military Impact Finances Differently?

Military divorce can be more financially complex than civilian divorce. For instance, servicemembers typically have military retirement benefits and civilian retirement benefits, and in Michigan, an equitable distribution state, both types of retirement accounts may need to be divided. QDROs are typically used to divide civilian retirement accounts, but both state law and the Uniformed Services Former Spouses’ Protection Act determine how military retirement pay is divided. 

Additionally, the spouses of military servicemembers are also entitled to health care benefits during their marriage, and after the divorce, they can continue coverage for up to 36 months through the Continued Health Care Benefit Program. The financial ties in a military marriage can be complex, but a knowledgeable divorce lawyer will ensure the protection of their client’s rights to a fair divorce settlement.

Schedule a Free Consultation With a Northville, MI Military Divorce Attorney

At Elkouri Heath, PLC, we have been serving clients throughout Southeastern Michigan for more than 23 years. We recognize that divorce and family law matters are inherently emotional, and the military factor can make the process more complicated. To ensure you feel secure and protected as you navigate this difficult time, we offer compassionate, customized representation. Contact us today at 248-344-9700 to speak with experienced Novi, MI military divorce lawyers.