After a second appeal to the Supreme Court of Michigan in a case argued by Carson J. Tucker, the Court overruled state case law and holds that federal law preempts state courts from ordering a division of military disability pay in state court divorce proceedings.
More analysis on the opinion in Foster v Foster will follow, but suffice it to say this is a victory that has taken nearly 6 years to procure and two Supreme Court appeals (an interim United States Supreme Court decision), and believe it or not, still some fighting to do. We will not quit!