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