Michigan Supreme Court Grants to Consider Impact of United States Supreme Court Decision Protecting Veterans’ Disability Pay from Property Divisions in State Court Divorce Proceedings

Yesterday, November 7, 2018, the Supreme Court of Michigan granted my Application for Leave to Appeal (After Remand) in the case of Foster v Foster, to consider the impact of the United States Supreme Court’s decision in Howell v Howell, which unanimously held all veterans’ disability pay, with but one statutory exception, was jurisdictionally protected by principles of federal preemption from division as a marital asset upon divorce between the former servicemember and his or her spouse.

The Court’s order can be viewed here: MSC Grant Order in Foster v Foster

This case is one of many across the country that are addressing the impact of Howell v Howell upon prior state court decisions purporting to divide veterans’ benefits as a property asset upon divorce.

I am looking forward to addressing the Michigan Supreme Court in this very important case impacting Michigan’s veterans and their constitutional entitlement to their benefits.



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