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Defined Contribution Plans
(Note: Including the loan balance in
the calculation will increase the award to Alternate Payee when a %
award is made. When a specific dollar amount is awarded, always
exclude the balance of any loan.)
All contributions during marriage:
A portion of husband’s retirement benefits in the [Name
of Plan], that portion being [% or $ amount] of the account
balance as of [date of division], [including or excluding]
the balance of any loan against the account in calculating wife's
interest, [with or without] a proportionate amount of any
interest, dividends, gains or losses from [date of division]
and more particularly described in a Qualified Domestic Relations
Order to be signed by the Court.
Some contributions prior to marriage:
A portion of husband’s retirement benefits in the [Name of
Plan], that portion being [% or $ amount] of the account
balance from [date of marriage] to [date of
division], [including or excluding] the balance of any loan
against the account in calculating wife's interest, [with or
without] a proportionate amount of any interest, dividends, gains
or losses from [date of division] and more particularly
described in a Qualified Domestic Relations Order to be signed by the
Court.
Defined Benefit Plans
All accrued during marriage, Participant not
receiving benefit payments:
A portion of husband’s retirement benefits in the [Name
of Plan], that portion being [%] of the accrued benefit as
of [date of division], [including or excluding] a
proportionate amount of any cost-of-living adjustments, early
retirement supplements and subsidies, interim benefits or any other ad
hoc benefit increases derived from credited service during the
marriage and more particularly described in a Qualified Domestic
Relations Order to be signed by the Court.
Some credited service prior to marriage,
Participant not receiving benefit payments (no formula method stated):
A portion of husband’s retirement benefits in the [Name of
Plan], that portion being [%] of the community property
benefit accrued as of [date of division], [including or
excluding] any cost-of-living adjustments, early retirement
supplements and subsidies, interim benefits or any other ad hoc
benefit increases derived from credited service during the marriage
and more particularly described in a Qualified Domestic Relations
Order to be signed by the Court.
Some credited service prior to marriage,
Participant not receiving benefit payments (time apportionment Berry
formula):
A portion of husband’s retirement benefits in the [Name of
Plan], that portion being [%] of the benefit accrued as of
[date of division] times a fraction, the numerator of which is
the number of months of credited service in the Plan during the
marriage and the denominator of which is the number of months of
credited service as of [date of division], [including or
excluding] a proportionate amount of any cost-of-living
adjustments, early retirement supplements and subsidies, interim
benefits or any other ad hoc benefit increases derived from credited
service during the marriage and more particularly described in a
Qualified Domestic Relations Order to be signed by the Court.
Some credited service prior to marriage,
Participant not receiving benefit payments (accrued benefit formula):
A portion of husband’s retirement benefits in the [Name of
Plan], that portion being [%] of the benefit accrued from
[date of marriage] to [date of division], [including or
excluding] a proportionate amount of any cost-of-living
adjustments, early retirement supplements and subsidies, interim
benefits or any other ad hoc benefit increases derived from credited
service during the marriage and more particularly described in a
Qualified Domestic Relations Order to be signed by the Court.
Participant receiving benefit payments at time
of divorce:
A portion of husband’s retirement benefits in the [Name of
Plan], that portion being [% or $ amount] of the monthly
benefit payments under the Plan, [including or excluding] a
proportionate amount any cost-of-living adjustments, interim benefits
or any other ad hoc benefit increases derived from credited service
during the marriage and more particularly described in a Qualified
Domestic Relations Order to be signed by the Court.
Military Retirement
(Note: Be certain the
"10/10 Rule" is met in order to receive direct payment. The Rule
is that there must have been at least a 10 year marriage during
which there was at least 10 years of creditable service.)
All Active Service
All service during marriage, Service Member not
retired:
[___%] of husband's disposable military retired pay,
calculated as if he had been eligible to retire on [date of
division] with the rank of [rank], with a retired pay base
of [pay base on date of division] and with [number of years]
years of creditable service, plus a proportionate amount of all
cost-of-living adjustments. Some service
prior to marriage, Service Member not retired:
A portion of husband's disposable military retired pay,
to be computed by multiplying [%] times a fraction,
the numerator of which is [number] months of marriage during
Service Member’s creditable military service, and the denominator is
Service Member’s number of months of creditable military service as of
[date of division], times the disposable military retired pay
of a Service Member with the rank of [rank], with a
retired pay base of [pay base on date of division] and with
[number of years] years of creditable service, plus a
proportionate amount of all cost-of-living adjustments.
All service during marriage, Service Member retired:
[___%] of husband's disposable military retired pay,
plus a proportionate amount of all cost-of-living adjustments.
Some service prior to marriage, Service Member retired:
Same language as above, but adjust % to account for separate
property interest, using a fraction, the numerator of which is the
number of months of service during the marriage and the denominator of
which is the total number of months of service. Also, include
finding by the Court as to those figures. Some
Reserve Service All service during
marriage, Service Member not retired:
[___%] of husband's disposable military retired pay,
calculated as if he had been eligible to retire on [date of
division] with the rank of [rank], with a retired pay base
of [pay base on date of division] and with [number of
points] reserve retirement points, plus a proportionate
amount of all cost-of-living adjustments.
Some service prior to marriage, Service Member not retired:
A portion of husband's disposable military retired pay,
to be computed by multiplying [%] times a fraction,
the numerator of which is [number of points] reserve retirement
points during the marriage and the denominator is Service Member’s
total number of reserve retirement points earned, times the disposable
military retired pay of a Service Member with the rank of
[rank], with a retired pay base of [pay base on date of
division] and with [number of points] reserve retirement
points, plus a proportionate amount of all cost-of-living adjustments.
OR
[___%] of husband's disposable military retired pay,
calculated as if he had been eligible to retire on [date of
division] with the rank of [rank], with a retired pay base
of [pay base on date of division] and with [number of
points] reserve retirement points, plus a proportionate
amount of all cost-of-living adjustments. (Note:
If this language is used, you must adjust the % to account for the
separate property interest) All
service during marriage, Service Member retired:
[___%] of husband's disposable military retired pay,
plus a proportionate amount of all cost-of-living adjustments.
Some service prior to marriage, Service Member retired:
Same language as above, but adjust % to account for separate
property interest, using a fraction, the numerator of which is the #
of reserve points during marriage and the denominator of which is the
total # of reserve points. Also, include finding by the Court as
to those figures. Military Survivor Benefit
Plan In the event it is the intention of the
parties to provide for a Survivor Benefit, add the following:
Wife
shall be designated a beneficiary under the Armed Services Survivor
Benefit Plan and shall continue to remain beneficiary as a former
spouse under that plan.
(Note:
The cost of the Survivor Benefit Plan will be taken "off the top" and
can't be allocated to one party) |
