SAMPLE ORDER LANGUAGE
STATE OF _______________ COURT OF _________________
COUNTY OF _____________ Case No. __________
__________
Petitioner
______________________
Respondent
MILITARY RETIRED PAY DIVISION ORDER
(For Decree of Divorce, Dissolution, Annulment or Legal Separation that occurred after
December 23, 2016)
This cause came before the undersigned judge upon the petitioner/respondent’s claim for a
distribution of the respondent/petitioner’s military retired pay benefits. The court makes the following:
FINDINGS OF FACT:
The Petitioner’s Social Security Number is _____________ and current address is
____________________________________________________________.
The Respondent’s Social Security Number is ______________ and current address is
___________________________________________________.
The Parties were married on __________. Their marital status was terminated on ___________ pursuant to
a(n) ______________________________entered in ___________ County, State of ____________. This
current order is entered incident to the aforementioned order.
The parties were married for a period of ten or more years during which time the Petitioner/Respondent
performed at least ten years of service creditable for retirement eligibility purposes.
If the military member was on active duty at the time of this order, Respondent/Petitioner’s rights under the
Servicemembers’ Civil Relief Act, 50 U.S.C App. 501-548 and 560-591, have been observed and honored.
This court has jurisdiction over the Respondent/Petitioner by reason of [choose those that apply] (A) his or
her residence, other than because of military assignment, in the territorial jurisdiction of the court, during
the [divorce, dissolution, annulment, or legal separation] proceeding, (B) his or her domicile in the
territorial jurisdiction of the court during the [divorce, dissolution, annulment, or legal separation]
proceeding, or (C) his or her consent to the jurisdiction of the court.
CONCLUSIONS OF LAW:
This court has jurisdiction over the subject matter of this action and the parties hereto.
Petitioner/Respondent is entitled to a portion of Respondent/Petitioner’s United States military retired pay
as set forth herein.
IT IS THEREFORE ORDERED THAT:
[Choose and complete ONE of the below sections: (Please note that all awards expressed as a percentage
of disposable retired pay, will automatically include a proportionate share of the member's cost-of-living
adjustments (COLAs) after the date the member retires, unless the court order states otherwise.)
Award When the Member Has Already Retired From Active or Reserve Duty:
“The former spouse is awarded _____ percent [OR] $___ ___dollar amount of the
member’s disposable military retired pay.”
(Only complete 1 of the sections)
Active Duty Awards
Fixed award: The former spouse is awarded $ _____ (dollar amount) of the member’s
disposable military retirement pay.
Percentage award: The former spouse is awarded ____ percentage of the member’s
disposable military retirement pay.
Formula award: “The former spouse is awarded a percentage of the member’s
disposable military retired pay, to be computed by multiplying ____% times a
fraction, the numerator of which is ______ months of marriage during the
member’s creditable military service, divided by the member’s total number of
months of creditable military service.”
Active duty hypothetical calculated as of time of division; may only be used for members entering service
BEFORE 9/1/80: “The former spouse is awarded _____% of the disposable military retired pay the
member would have received had the member retired with the rank of ________ and with _______
years of creditable service on ________.”
Active duty hypothetical calculated as of time of division, for members who entered AFTER 9/1/80: “The
former spouse is awarded _____% of the disposable military retired pay the member would have
received had the member retired with a retired pay base (High-3) of ________ and with _______
years of creditable service on ________.”
AND: (ONE OF THE BELOW SECTIONS MUST ALSO BE COMPLETED)
If the member entered the service BEFORE 9/1/80:
On the date of the decree of divorce, dissolution, annulment or legal separation
_____ (list the date) the member’s military pay grade (rank) was _________, and the
member had _______ years of creditable service (list amount of years and months).”
If the member entered the service AFTER 9/1/80:
On the date of the decree of divorce, dissolution, annulment or legal separation
_____ (list the date) the member’s military retired pay base (high-3) was _________,
(must provide a dollar amount) and the member had years of creditable service (list
amount of years and months).”
Reserve Awards When the Member is Still Drilling
Fixed award: The former spouse is awarded _____ (dollar amount) of the member’s
disposable military retirement pay.
Percentage award: The former spouse is awarded ____ percentage of the member’s
disposable military retirement pay.
Formula award: “The former spouse is awarded a percentage of the member’s
disposable military retired pay, to be computed by multiplying ____% times a
fraction, the numerator of which is _______ Reserve retirement points earned
during the period of the marriage, divided by the member’s total number of Reserve
retirement points earned.”
Reservist hypothetical calculated as of time of division; may be used for members entering service
BEFORE 9/1/80: “The former spouse is awarded _____% of the disposable military retired pay the
member would have received had the member become eligible to receive retired pay on
_____________, with the rank of ________, with _______ Reserve retirement points, and with
_______ years of service for basic pay purposes.”
Reservist hypothetical calculated as of time of division, for member’s who entered AFTER 9/8/80: “The
former spouse is awarded _____% of the disposable military retired pay the member would have
received had the member become eligible to receive military retired pay with a retired pay base
(High-3) of _______ and with _______ Reserve retirement points on _______.”
AND: (ONE OF THE BELOW SECTIONS MUST ALSO BE COMPLETED)
If the member entered the service BEFORE 9/1/80:
On the date of decree of divorce, dissolution, annulment or legal separation ____
(list the date) the member’s military pay grade (rank) was ____ and the member
had Reserve retirement points_____(enter amount), and the member had _____
years of service for basic pay purposes (list amount of years and months).”
If the member entered the service AFTER 9/1/80:
On the date of the decree of divorce, dissolution, annulment or legal separation
_____ (list the date) the member’s military retired pay base (high-3) was _________,
(must provide a dollar amount) and the member had ___ Reserve retirement points (enter
amount).
This _______ day of _____________, 20__.
__________________________________
JUDGE
