On November 7, 2018, the Supreme Court of Michigan granted our 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.