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|Sample Decree Language |

|for Division of Retirement Benefits |

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|The following language may be used in lieu of the standard language contained in the Texas Family Practice Manual.  It is intended to|

|be used in the division of property provisions of the Decree for the Alternate Payee.  Obviously, there should be language in the |

|Participant’s division to award the remaining benefit. Revisions may be required to fit a particular fact situation. This sample |

|language is intended only for attorneys since one must know which sample to begin with and how it must be revised to fit the case. |

|If you are handling your own divorce without the assistance of a family law attorney, please click here. |

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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 and still active duty: |

|______% of H’s disposable military retired pay the member would have received had the member retired on [date of divorce or division]|

|and with a proportionate amount of all cost-of-living adjustments. |

|Some service prior to marriage, Service Member not retired and all active duty: |

|______% of H’s disposable military retired pay the member would have received had the member retired on [date of divorce or |

|division], times a fraction, the numerator of which is the number of months of service during the marriage and the denominator or |

|which is the service member’s total months of service, with 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 the disposable military retired pay the member would have received had the member become eligible to receive military |

|retired pay on [date of divorce or date of division], plus a proportionate amount of all cost-of-living adjustments. |

|Some service prior to marriage, Service Member not retired: |

|______% of H’s disposable military retired pay the member would have received had the member retired on [date of divorce or |

|division], times a fraction, the numerator of which is the number of reserve points earned during the marriage and the denominator or|

|which is the service member’s total number of reserve points, with 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 # 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) |

|FERS or CSRS |

|Wife is entitled to an amount equal to 50% of Husband's "gross" monthly annuity under the Federal Employee Retirement System [or |

|Civil Service Retirement System] which shall be computed effective ________________, 20__, as though Husband had separated from a |

|position in the United States Government covered by the Federal Employee Retirement System on such date. In computing such amount of|

|Wife's share of Husband's employee annuity, the United States Office of Personnel Management is hereby specifically instructed to |

|limit the computation of Husband's employee annuity to only service performed from the date of marriage through ________________, |

|20___, and not to apply any salary adjustments occurring after _________________, 20___. The United States Office of Personnel |

|Management is directed to pay Wife's share directly to Former Spouse. Optional: Wife shall be named as beneficiary for the maximum |

|surviving spouse benefit. |

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