MILITARY BENEFITS COURT ORDER:
THIS CAUSE came before the undersigned judge upon Wife’s claim for distribution of Husband’s military retirement benefits. [if entered as a consent order, add next sentence] The parties agree to the entry of the following military pension division order to assign to Wife a portion of those benefits. The court makes the following:FINDINGS OF FACT:
1. Wife is a resident of [County] [State]. Husband is a resident of [County] [State]. The parties were married on [date]. They were divorced in [County] [State] on [date].
2. Wife's address, date of birth and social security number are as follows:
3. Husband's address, date of birth and social security number are as follows:
4. The marital portion of the uniformed services retired pay of Husband (hereafter military pension or retired pay) is subject to marital property division. Wife is entitled to a share of Husband’s military retirement benefits, as set out in the Decree below. Wife’s entitlement to retired pay accrues upon the retirement of Husband. The remaining portion of Husband’s military retired pay is the sole and separate property of Husband.
5. Husband retired in 1986 with the rank of _________ in the U.S. Coast Guard with _____ years of creditable military service and is currently receiving $______ per month as disposable retired pay
, subject to cost of living adjustments as provided by law.
6. Husband’s rights under the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., have been observed and honored.
7. The parties have agreed that Wife shall receive her full share of Husband’s military retired pay, calculated as set out below and without reduction for disability payments (VA disability pay, disability severance pay, military disability retired pay, or any other reason). For the purposes of their settlement herein, military retired pay includes retired pay actually paid or to which Husband would be entitled based only on length of Husband’s creditable service.
8. Wife is entitled to former spouse coverage as the beneficiary of Husband’s Survivor Benefit Plan (SBP) as set out below. CONCLUSIONS OF LAW:
1. This court has jurisdiction over the subject matter of this action and the parties hereto.
2. Wife is entitled to an assignment of Husband’s military retirement benefits as set forth herein, subject to the conditions set forth in the Decree below.
3. The facts above are incorporated herein by reference to the extent that they represent conclusions of law.
4. The terms of this order are fair, reasonable, adequate and necessary.
5. The parties have knowingly and voluntarily consented to this order.
6. The parties are entitled to the relief granted below.NOW THEREFORE, IT IS HEREBY ORDERED:
1. Wife, as husband's former spouse, is awarded and is entitled to receive, as a division of marital property, fifty percent (50%) of each monthly payment of disposable retired pay to which Husband is otherwise entitled to receive, subject to cost of living adjustments as provided by law. [Note: If not 50%, insert such other percentage as agreed by the parties or ordered by the court.]
2. Wife shall receive payments at the same time as Husband. The parties acknowledge that DFAS is not required to begin payments to the former spouse until 90 days after receipt of an acceptable order or the start of retired pay, whichever is later. Husband shall be responsible for making these payments each month to Wife until DFAS begins making these payments to her, and during this interim, Husband will pay Wife directly her full share. Payments are due on the first day of each month. The parties agree that the periodic payments made by Husband to Wife for this interim period of time until direct payments commence from DFAS shall be included in Wife’s income under Section 71 of the Internal Revenue Code, and these payments are likewise deductible from Husband’s gross income.
3. When DFAS has determined that this order meets the requirements of the applicable federal law as a military pension division order, then it shall carry out the provisions of this order and shall give written notice to Wife (at her address set out above) that this order complies with said requirements.
4. Wife shall notify DFAS in writing about any changes in her address or in this document affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it.
5. Husband shall provide promptly to Wife any information that she needs in order to have this order honored for direct payment of military pension benefits and shall keep her informed at all times of his current address.
6. In order to effectuate direct payments from DFAS, Wife shall tender a certified copy of this order to DFAS along with a certified copy of the parties’ divorce
decree and an executed DD Form 2293.
7. The parties have agreed upon a set level of payments to Wife to guarantee income to her, based upon Husband’s present amount of military retired pay without any additional deductions for disability payments, over and above his present percentage disability rating, or for any other reason. In the event of any intentional action by Husband that results in a reduction of Wife’s share of disposable retired pay (such as may occur if Husband waives retired pay in order to receive VA disability compensation), Husband shall indemnify wife on account of any such reduction or loss of wife’s share of husband’s disposable retired pay, and Wife shall have a cause of action against Husband on account thereof.
8. If either party shall violate this court order, then the court shall indemnify the party seeking enforcement and shall award damages, interest at the statutory rate, and reasonable expenses and attorney’s fees to that party.
9. The monthly payments herein shall be paid to Wife regardless of her marital status
and shall not end at remarriage
. Any future overpayments to Wife by DFAS are recoverable and subject to involuntary collection from Wife or from the estate of
10. Wife shall be responsible for the taxes on her share of Husband’s military retired pay received from DFAS (or from Husband directly). Wife shall not be entitled to any portion of retired pay upon the death of either party. (But wife shall be entitled to Survivor Benefit Plan (SBP) annuity benefits as otherwise provided for hereinbelow.)11. Husband shall provide coverage for Wife through the Survivor Benefit Plan (SBP) as follows:
-----> a. Husband shall elect SBP coverage for Wife, designating Wife as his former spouse beneficiary, with his full amount of monthly retired pay as the base amount for SBP annuity benefits. Husband shall do nothing to reduce or eliminate Wife’s benefits.
-----> b. Wife shall effectuate a deemed election for former spouse coverage within one year of the entry of this order by sending a certified copy of this order to DFAS along with a certified copy of the divorce decree and an executed DD Form 2656-10.
-----> c. If Husband does anything that changes the former spouse election, then an amount equal to the present value of SBP coverage for Wife shall, at the death of Husband, become an obligation of his estate. In addition, Wife shall be entitled to such remedies for breach as are available to her in a court of law.
[signatures of parties, preferably with acknowledgments]
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