Understanding the Impact of Michel v. Michel: Military Retirement Benefits and Divorce in Georgia
Introduction:
A recent ruling by the Supreme Court of Georgia has significant implications for members of the military who are going through a divorce and need to divide their assets. The case of Michel v. Michel (286 Ga. 892, 893, 2010) sheds light on the treatment of military retirement benefits in divorce proceedings and clarifies the authority of state courts in awarding equitable portions of these benefits.
Background of Michel v. Michel:
In Michel v. Michel, the parties were married twice, from September 1995 to February 2002 and then again from September 2002 to June 2009. During the divorce action in 2009, the wife sought a portion of the husband’s military retirement benefits as part of equitable division. However, the Cherokee County trial court denied her request based on a provision of the Uniformed Services Former Spouses’ Protection Act (USFSPA), which stated that marriages of less than ten years are not eligible for such awards.
Appeal and Supreme Court Ruling:
The wife appealed the decision, arguing that the trial court had erred in denying her a portion of the military retirement benefits. The Supreme Court of Georgia agreed with her and overturned the trial court’s decision. The Court held that the Former Spouses’ Protection Act grants state courts the authority to treat military retirement benefits as marital property subject to equitable division in divorce cases.
The Court specifically cited 10 USC ยง1408 (c)(1) and the landmark case of Mansell v. Mansell (490 U.S. 581, 584, 1989) in support of its ruling. According to the Court, the ten-year marriage requirement outlined in the USFSPA is merely a limitation on the direct payment of funds from the federal government to the former spouse. It does not restrict a state court’s authority to treat military retirement benefits as marital property subject to equitable division, even when the marriage lasted less than ten years.
Implications for Military Personnel:
The ruling in Michel v. Michel has significant implications for members of the military going through a divorce in Georgia. It affirms that state courts have the power to consider military retirement benefits as marital property, regardless of the duration of the marriage. This means that even if a marriage lasted less than ten years, the court can still award a portion of the military retirement benefits to the non-military spouse as part of equitable division.
Conclusion:
The Supreme Court of Georgia’s ruling in Michel v. Michel clarifies the authority of state courts in awarding equitable portions of military retirement benefits in divorce cases. It affirms that military retirement benefits can be treated as marital property subject to division, regardless of the duration of the marriage. This decision provides important protection and rights for non-military spouses in divorce proceedings involving military personnel.
At Clarke Law Office, LLC, we understand the unique complexities of military divorces and the challenges surrounding the division of assets, including military retirement benefits. Our experienced team is here to provide comprehensive legal guidance and ensure that your rights are protected throughout the divorce process.