Legal Question in Family Law in Michigan

Military retirement pay and divorce

I know that when a couple are married for 10 years while one is serving active duty military, that the spouse is entitled to half the retirement pay if they divorce. The question is, does the ten years have to be one marriage? I was married to my husband from August 1984 to May 1993 and again from January 1996 to present. He served active duty from September 1983 to December 2003. We are getting divorced again. Am I entitled to the retirement?


Asked on 5/19/07, 3:27 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Military retirement pay and divorce

Good question, but probably not unless there is a clear intent that the 2 marriages be consolidated. he would have a pretty good argument that re-marriage to you is no different than if he had married someone else entirely. Of course, if there are minor children straddling both marriages, the equation might change, but don't count on it.

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Answered on 5/19/07, 10:50 pm
William Stern William Stern, P.C.

Re: Military retirement pay and divorce

Under Michigan law, the last marriage is the only one that counts to calculate the amount owed for pensions, etc. This is because the earlier marriages had their own property resolutions. William S. Stern

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Answered on 5/21/07, 6:09 am


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