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APPENDIX M
SEPARATION AGREEMENT WORKSHEET
FOR OFFICIAL USE ONLY - PRIVACY ACT SENSITIVE, Any misuse or unauthorized disclosure may result in both civil
and criminal penalties.
PRIVACY ACT STATEMENT: AUTHORITY § USC 301, Departmental Regulations; 10 USC 1044, SYSTEM OF RECORDS
NOTICE: MJA00002. ROUTINE USE(S): Information provided is used to provide an administrative record for use by
attorneys and clerical personnel directly involved in providing legal assistance, to manage internal counsel
assignment, and for internal management of the office, to include generating periodic workload productivity and
statistical reports.
MANDATORYIVOLUNTARY DISCLOSURE CONSEQUENCES OF REFUSAL TO DISCLOSE: Disclosure of requested
information is voluntary, but failure to provide such information may limit the Legal Assistance Office's ability to
provide assistance,
[This WORKSHEET information will be used by a legal assistance attorney to draft a Separation|
|Agreement and/or Property Settlement and other Dissolution (Divorce) documents. If you have.
[questions arising from the worksheet call the Legal Assistance Office at DSN 645 - 1037. Ifa question
does not apply, please indicate N/A for "not applicable." IT IS VITAL THAT THIS WORKSHEET,
BE COMPLETED ACCURATELY. Please type or print NEATLY. Use black ink and answer all
sections. Any discrepancies will cause delays. THIS WORKSHEET IS NOT A BINDING|
AGREEMENT BETWEEN SPOUSES EVEN IF IT IS SIGNED BY BOTH PARTIES. THE|
JRESULTING SIGNED SEPARATION AGREEMENT WILL BE BINDING.
Military Personnel: A Separation Agreement PREPARED BY A LEGAL ASSISTANCE OFFICE IS
NOT A COURT ORDER and does not mean you are free to engage in extra-marital sexual relations. Be
aware that Article 134, UCMJ, applies, Only a court can terminate your marriage,
‘TYPE OF SERVICES SOUGHT:
CUSEPARATION [1 DISSOLUTION (DIVORCE)
Who will file? OHUSBAND =O WIFE,
CLIENT INFORMATION:
CLIENT: O HUSBAND O WIFE
DATE CLIENT EXPECTED TO LEAVE THIS AREA:
Is the opposite party represented by legal counsel?
D No OI do not know
O Yes (Name/Firm: )
ILA ude de 24 Page 1 of 24 rpsPERSONAL INFORMATION
A. HUSBAND,
1. Personal Information
Full name aa
First) (Middle) Cast)
Telephone: Home Work
DoD ID EDIPI Date of Birth (MM/DD/YYYY):
Residence (where you are physically living now):
(Number, Street, Apt)
(Ci, State) (Zip Code)
Residency began (MM/DD/YYYY):
State of legal domicile (the place you consider your PERMANENT HOME)
2. Employment
Active duty military? 1 Yes; rank: ONo
a. Unit name:
b. EAS:
Total service time: Years Months
Occupation:
Work Address:
(Unit, Business Name, etc.) NO ABBREVIATIONS
(Number, Street, Apt)
‘Gity, State Zip Codey
Gross monthly income:
Estimated value of assets:
ILA ype Jane 21 Page 2 of 24 ApexB. WIFE
1. Personal Information
Full name:
(First) (Middle) (Last)
Maiden name:
Telephone: Home Work
DoD 1D EDIPI Date of Birth (MM/DD/YYYY):
Residence (where you are physically living now):
(Number, Street, Apt.)
(City, State) (Zip Code)
Residency began (MM/DD/YYYY):
State of legal domicile (the place you consider your PERMANI
2. Employment
Active duty military? 1 Yes; rank: OONo
a. Unit name:
b. EAS
c. Total service time: Years Months
Work Address:
(Unit, Business Name, etc.) NO ABBREVIATIONS
(Number, Street, Apt)
‘City, State) (Zip Codey
Gross monthly income
Estimated value of assets:
JA wpa Je 21 Page 3 of 24 poxMARRIAGE & SEPARATION
MARRIAGE:
A. Date of marriage (MM/DD/YYYY):
B, Place of marriage
(City) (County) (State)
C. Total time married: Years Months
D. Ifyou have a prenuptial agreement, date when it was signed: (MM/DD/YYYY)
BANKRUPTCY: Has either party previously filed for bankruptcy? O Yes C1No
Af YES, explain when and where you filed and the type of bankruptcy:
SEPARATIO!
(States have different residency requirements and periods of separation required prior to filing - discuss this with
your attorney)
‘A. This is the date the parties separated with the intent never to resume the marital relationship, This date has
important implications regarding the accumulation of marital property and marital debt.
Date of separation (MM/DDIYYYY):
The date of separation is the date you PHYSICALLY began living apart with the intent to separate.
(® Note ~Some states have “legal” separations via court order ~ specify jurisdiction/date)
B. The address where you and your spouse last lived together as Husband and Wife
Was the residence 1 owned by both of you
Downed by the Husband
Downed by the Wife
D rented
The residence will be the residence of O the HUSBAND 1 the WIFE C1 NEITHER
JA upetd June 21 Page 4 of 24 AppxSPOUSAL SUPPORT
Spousal support is an amount of money paid to one party for temporary support in his or her own right. It is not
considered part of child support. NOTE: Due to changes in tax law. alimony will no longer be tax deductible.
A. Maintenance Payments:
1 Waived by both parties (SKIP THIS SECTION).
o {0 pay specific amounts to
Amount to be paid per month:
Date payment begins: (MM/DD/YYYY).
Payments are due: 1 1* 0 15 0 30Q Other
B. Termination of maintenance payments:
1D Support payments to terminate on remarriage of party receiving support or death of either party
1 Support to terminate upon remarriage of party receiving support or death of either party or on
(date MM/DD/YYYY) whichever oceurs first
8 Other:
C. Maintenance payment increases.
Are maintenance payments to increase with an escalator clause? 1 Yes C1 No
IFYES, maintenance payments are to increase with: [ Consumer Price Index (CPI) escalator
1 __Net or__ Gross pay escalator
1 Flat-rate escalator: INDICATE rate.
ATTORNEY ONL’
Payments to be made by: 1 wage assignment money order © check 1 direct deposit D military
allotment
Does the amount of maintenance derive from the presumptive amount determined by the state’s maintenance
guidelines? C1 Yes EI No
If yes, should the agreement contain an explanation as to why it derives? 11 Yes (I No
Explanation:
Can the provision on maintenance be modified by a count? Dl Yes EI No
J wpe Je 21 Page 5 of 24 AesCHILD CUSTODY, CHILD SUPPORT, CHILD VISITATION
Are there children born and/or adopted of this marriage? (1 Yes No (IF “NO” SKIP TO NEXT SECTION)
Complete this section for each natural child bom of the marriage and/or adopted during the marriage.
CHILD'S FULL NAME oe op) | ASE crryisrarE
MIF
MF
MF
MF
Is the wife currently pregnant? Yes; expected due date (YYYYMMDD):
OONo
CHILD CusTopy:
You can choose between joint legal custody (one parent has primary physical custody, but both parents have an
equal voice in major life decisions) or sole legal eustody (the "custodial parent” has full-time physical and legal
custody of the children, and the "non-custodial parent" usually receives visitation rights).
1 Joint Legal Custody: One parent has primary physical custody, but both parents have an equal voice in
‘major life decisions. Please indicate below the type of custody arrangement both parties desire:
Joint Legal with the children’s residence with the WIFE
} Joint Legal with the children’s residence with the HUSBAND
1 Sole Custodv. The "custodial parent" has full-time physical and legal custody of the children. The "non-
custodial parent” normally receives visitation rights.
(__) Sole physical and legal custody to the WIFE
(_) Sole physical and legal custody to the HUSBAND
Should the separation agreement recite that upon the death of the custodial parent, the non-custodial parent
shall have custody? O Yes [1 No
ILA upd Jee 21 Page 6 of 24 Apps MeCHILD SUPPORT:
Support payments, in most states, are controlled by State Child Support Standards or Guidelines. Support
agreements below the minimum level may be invalidated by a court. A court may increase the obligation to the
‘minimum level based on the income/salaries of the parties.
Child support is normally paid by the non-custodial spouse.
Every military member is required to support his or her lawful family members. A support obligation
established in a divorce or legal separation is legal, binding, and enforceable. Any amount agreed upon by the
parties in a signed separation agreement will be binding during the period of separation. Each party should talk
to an attorney about how much support should be paid during the separation period.
A. Party to PAY child support: OHUSBAND OO WIFE 1 NEITHER
B. Party to RECEIVE child support: O HUSBAND WIFE ONEITHER
C. Monthly support per child:
‘The monthly child support to be paid by the non-custodial parent to the custodial parent each month for
each chil
8 per month for EACH child
D. Total monthly support for all children:
The total monthly child support payment for all children: $ per month for ALL, children
E. Schedule of child support pavments:
Will begin on: (MM/DD/YYYY)
Payments ere due: O11" O15" 0130 (1 Other: day of each month
ATTORNEY ONLY:
Payments to be made by: 1 wage assignment EI money order (1 check (1 direct deposit 1 military allotment
Payments to be made : B Directly to the custodial parent CI Through a state Child Support Enforcement Office
F, Termination of child support payments:
[Normally child support obligations end when one of the following occurs: the child dies, the child
reaches age 18 (or age 22 as long as the child enters and continues to attend college); the child
Imatries; or the child is otherwise emancipated, WIFE and HUSBAND can agree whether to extend
payments, for example, to cover college expenses.
Support will terminate upon a child’s death, marriage, emancipation, or upon the
attainment of the age of 18 years by the child.
ILA ype Je 27 Page 7 of 24 Appx M1 Support will terminate upon a child's death, marriage, emancipation, or upon the
attainment of the age of 18 years by the child or years, if the child enters and
continues to attend college.
1 Support will terminate upon a child's death, marriage, emancipation, or upon the
attainment of the age of years by the child,
O Other:
G. Child support payment increases.
Are child support payments to increase with an escalator clause? [1 Yes CNo
If YES, support payments are to increase with: © Consumer Price Index (CPI) escalator
OO __Net or__ Gross pay escalator
1 Flat-rate escalator: INDICATE rate.
H. Payments for college:
Neither party will be responsible for payments for college
Both HUSBAND and WIFE will share college expenses equally
Child support obligor to pay all of the college expenses
College expenses to include the following: [1 Books 1 Room and Board O Tuition OI Fees
Length of obligation to pay college expenses: 1 Eight college semesters
DAge: 22 (or) __ Age:
1 Four years
Payment of college expenses (__) WILL (__) WILL NOT be conditioned on the child's full-time
attendance at a college approved by the (__) PAYOR (__) BOTH HUSBAND AND WIFE.
1. Child care expenses:
The total monthly child care expenses for each child is: S and the total per month for ALL,
children is $ ‘The Husband shall pay $ per month toward to the total child care
expenses and the Wife shall pay $ per month.
ATTORNEY OND
Does the amount of child support derive from the presumptive amount determined by the state’s child support
guidelines? 1 Yes E1 No
If yes, should the agreement contain an explanation? C1 Yes 1 No
Explanation:
Can the parties seek to modify child support in the future? O They explicitly ean I They explicitly cannot
1 The agreement is to be silent about modification
ILA sped ane 21 Page 8 of 24 Appx MCHILD VISITATION:
A. Visitation rights to be given to: HUSBAND
O WIFE
O Neither. Waived by
B. Schedule of Visitation:
1 Reasonable visitation (no specific schedule of visitation)
Additional conditions (optional):
(SKIP ToC)
OR
C1 According to a specific schedule (SPECIFY BELOW)
1. Weekday visitation: O No O Yes; until what time?:
Conditions: (Advance notice, site, etc.)
2, Weekend visitation: C1 No 1 Yes (choose below)
© Every weekend (both Sat and Sun) Gi Every other weekend (both Sat and Sun)
D Every weekend (either Sat or Sun) Every other weekend (either Sat or Sun)
1D Other: 1 One (1) weekend per month
Weekend is from (time) _: on (day)
until (time) ‘on (day)
Conditions: (Advance notice, site, ete.)
3. Holiday Visitation: ENo 1 Yes; the non-custodial parent will have the following holiday
visitation rights:
D Christmas: even or odd years
D Thanksgiving: even or odd years
D Spring vacation: even or odd years
1 Other Holidays (identify Holiday and indicate period of time with each parent):
. Summer Visitation: No O Yes If YES, number of:
days weeks months
Describe any other conditions (advance notice required, etc.) of summer visitation:
ILA wpe Jee 21 Page 9 of 24 Appx MtC, ‘Transportation costs for
tation:
1D WIFE will pay all transportation costs
1D HUSBAND will pay all transportation costs
1 Shared between HUSBAND and WIFE equally
1 Other Agreement. Specify:
D. Grandparent Visitation: This may be included in the agreement, if necessary, to set visitation for the
grandparents of the visiting parent's side of the family.
1D Agreement to include a provision on grandparent reasonable visitation rights
1 Agreement to be silent on visitation rights for grandparents
1 Other terms (Deseribe specific terms, ic., frequency):
E. Moving the children's residence:
1 No restrictions
Visitation rights shall be modified if residence is changed
Moving from the State of, is proh
tiles of current residence is prohibited.
ILA upd Je 21 Page 10 of 24 ArpsMEDICAL COVERAGE AND INSURANCE
MEDICAL COVERAGE FOR SPOUSE:
Extend of coverage:
CLHUSBAND will maintain coverage on WIFE until the divoree is final
1D Basic coverage (including dental? (_) yes ) no)
1 Major coverage (including dental?) yes () no)
1 WIFE will maintain coverage on HUSBAND until the divorce is final
D Basic coverage (including dental? (_) yes } no)
1 Major coverage (including dental?) yes C) no)
If HUSBAND leaves the military service, he will purchase independent medical coverage for WIFE
Dif WIFE leaves the military service, she will purchase independent medical coverage for HUSBAND
Spouse's extraordinary/uncovered medical expenses:
WIFE'S extraordinary medical expenses NOT covered by military or independent medical coverage
will be paid % by HUSBAND and % by WIFE
1 HUSBAND'S extraordinary medical expenses NOT covered by military or independent medical
coverage will be paid % by HUSBAND and % by WIFE
MEDICAL COVERAGE FOR CHILDREN:
end of coverage:
CLHUSBAND will maintain medical coverage on the child(ren) until the child(ren) are no longer entitled
to child support
Basic coverage (including dental? (_) yes (_) no)
1D Major coverage (including dental? C) yes C) no)
Ol WIFE will maintain medical coverage on the child(ren) until the child(ren) are no longer entitled to
child support
1 Basic coverage (including dental? (_) yes (_) no)
1 Major coverage (including dental? C) yes C) no)
or. Jeaves the military service, will purchase independent medical
coverage for the child(ren)
Children's extraordinary/uncovered medical expenses
Children’s extraordinary medical expenses NOT covered by military or independent medical coverage
will be paid:
% by HUSBAND
% by WIFE
tl wpe Soe 21 Page 11 of 24 dopeLIFE INSURANCE PROVISIONS:
DQ BUSBAND () WIFE is active duty military and will designate the minor child(ren) as the
beneficiary of his/her SGLI insurance proceeds until the child(ren) reaches the age of majority and
will name the other party as the Trustee for these proceeds to be held in trust for the benefit of the
minor child(ren).
DQ HUSBAND () WIFE is required to reimburse () HUSBAND (_) WIFE __% of
the life insurance premiums
Life insurance in the amount of $ shall be maintained on the life of the spouse
providing child support. The children will be the irrevocable beneficiaries of said life insurance policy
(a trust for the benefit of the children may be set up). Ifa life insurance policy is not maintained, the
spouse's estate will be liable to the children for said amount.
DQ) HUSBAND (_) WIFE is required to reimburse (.) HUSBAND (_) WIFE __% of
the life insurance premiums s/he pays
DD Each party is free to change life insurance policies as desired.
1 Other agreements on life insurance:
JIA wpe ne 21 Page 12 of 24 App btDIVISION OF REAL PROPERTY
Do you have a marital residence, land, buildings or other property affixed to land (time share)?
D Yes No IfNO. skip to next section
If YES, complete below:
PROPERTY 1
1. Location: :
(No) (street)
City) (County) (State)
2. Title is currently held:
1 Solely by the HUSBAND
1D Solely by to WIFE
1 By both the HUSBAND and WIFE, as joint tenants with right of survivorship
1D Other (describe):
3. Date the property was acquired: (MM/DD/YYYY)
4, The Legal Title will be:
D Transferred to the HUSBAND and WIFE as tenants in common
D Transferred to the WIFE
1 Transferred to the HUSBAND
D Left unchanged
If there is to be a transfer of title
When will transfer of title be executed: (MM/DD/YYYY)
Will the transferee purchase the transferor's interest in property?
TNo Yes IF YES, specify amount $
Iftitle is transferred, will the transferor continue to pay expenses of such property?
ONo O Yes If YES, describe such expenses:
5. Regarding possession (who will reside in the property):
1D The WIFE is entitled to live in the property
1 The HUSBAND js entitled to live in the property
1 The (.) WIFE (_) HUSBAND may reside in the property until (MM/DD/YYYY)
or until the property is sold, whichever occurs first
ILA pee ne 21 Page 13 of 24 AppsFinancial compensation for occupancy:
D None
D Rent to other party $
O Monthly payment to lender
6. Financial obligation: 1 Paid in full 1 Installment payments
1. Lender Name:
2. Account No.:
1D ( HUSBAND (_) WIFE will be solely responsible for the mortgage payments
HUSBAND and WIFE will be equally responsible for the mortgage payments
CLHUSBAND will be responsible for _%, WIFE will be responsible for_% of the
morigage payments
For duration of the mortgage OR
1 Until the parties sell the property incident to this separation
NOTE: If this is a joint mortgage obligation, the only way to be relieved from liability to the
lender ifthe other party fails to pay is to have the mortgage company release you from the note.
7. Sale of property:
If the property is to be sold:
Date when sale must be final: (MM/YYYY)
Division of proceeds of sale (describe)
IA upd ne 21 Page 14 of 24 AxPROPERTY 2
(No) (street)
(City) (County
(State)
2. Title is currently held:
1D Solely by the HUSBAND
D Solely by to WIFE
1 By both the HUSBAND and WIFE, as joint tenants with right of survivorship
1 Other (describe):
3. Date the property was acquired: (MM/DD/YYYY)
4, The Legal Title will be:
1D Transferred to the HUSBAND and WIFE as tenants in common
1 Transferred to the WIFE,
Transferred to the HUSBAND
Left unchanged
If there is to be a transfer of title
When will transfer of title be executed: (MM/DD/YYYY)
Will the transferee purchase the transferor's interest in property?
CONc Yes IFES, specify amount $
If title is transferred, will the transferor continue to pay expenses of such property?
CINo Yes IFES, describe such expenses:
5. Regarding possession (who will reside in the property)
1 The WIFE is entitled to live in the property
1 The HUSBAND is entitled to live in the property
1 The (_) WIFE () HUSBAND may reside in the property until (MM/DD/YYYY)
or until the property is sold, whichever occurs first
Financial compensation for occupancy:
DNone
Di Rent to other party $
1D Monthly payment to lender $
ILA wpa Jane 21 Page 15 of 24 Apps M6. Financial obligation: O Paid in full 1 Installment payments
1. Lender Name:
2. Account Ne
1) HUSBAND (_) WIFE will be solely responsible for the mortgage payments
HUSBAND and WIFE will be equally responsible for the mortgage payments
DI HUSBAND will be responsible for __%, WIFE will be responsible for __% of the
morigage payments
For duration of the mortgage OR
1 Until the parties sell the property incident to this separation
NOTE: If this is a joint mortgage obligation, the only way to be relieved from liability to the
lender if the other party fails to pay is to have the mortgage company release you from the note.
7. Sale of property:
If the property is to be sold:
Date when sale must be final: (MM/YYYY)
Division of proceeds of sale (describe):
ILA upd June 21 Page 16 of 24 Appx MDIVISION OF PERSONAL PROPERTY
Its agreed between the parties that there is no property subject to disposition by this agreement
(we have already divided all our personal property to our mutual satisfaction).
1 We have already divided all our personal property except the following and it will be divided as
indicated below:
Note: Do not list items valued under $100.00.
A. VEHICLES (include year, make, model, and vehicle identification number):
1. HUSBAND Di WIFE isto receive Veh
CUHUSBAND 1 WIFE will pay the remaining loan balance on this vehicle
The balance owed is: $. Fi
Account # on lot
2. HUSBAND 1 WIRE isto receive Vehicle:
COHUSBAND O WIFE will pay the remaining loan balance on this vehicle
The balance owed is
8. Financial Institutio
Account # on loan:
DLHUSBAND O WIFE isto receive Vehicle:
CHUSBAND O WIFE will pay the remaining loan balance on this vehicle
‘The balance owed is: $ Financial Institution:
Account # on loan:
B. STOCKS, BONDS, MUTUAL FUNDS
(Name) (Series/Account number) Will be the sole property of O HUSBAND 0 WIFE
2,
" (Name) Geries/Account number) Willbe the sole property of E HUSBAND Of WIFE
3
" Wame) — Geries/Account number) Will be the sole property of ED HUSBAND Ef WIFE
ILA ped June 21 Page 17 of 24 AppsC. BANK ACCOUNTS, CREDIT UNION ACCOUNTS, CERTIFICATES OF DEPOSIT
1.
(lastitution Name) (Type of Account and No.)
Funds in this bank account will be paid to J] HUSBAND 1] WIFE C1 Divided equally between both
OOTHER
2,
(Institution Name) (Type of Account and No.)
Funds in this bank account will be paid to O HUSBAND 1 WIFE 1 Divided equally between both
OOTHER
3.
(Institution Name) (Type of Account and No.)
Funds in this bank account will be paid to HUSBAND O WIFE C Divided equally between both
OTHER
D. PERSONAL PROPERTY, OTHER THAN PERSONAL CLOTHING:
1, HUSBAND to rex
BRAND NAME
SERIAL #
2, WIFE is to receive:
a
b,
e
JLA wpe Je 24 Page 18 of 24 App MDIVISION OF DEBTS:
1 It is AGREED between the parties that there are no debts subject to disposition by this agreement.
1 Debts will be distributed as follows:
A. HUSBAND shall have and pay:
Creditor ‘Type of Account and Number Balance Qwed
B. WIFE shall have and pay:
Creditor ‘Type of Account and Number Balance Owed
C. HUSBAND and WIFE shall SHARE:
Creditor my \d Number Balance Owed
1
1D The parties will each pay half | HUSBAND will pay__% and WIFE will pay__%
2
1 The parties will each pay half | HUSBAND will pay__% and WIFE will pay__%
3
1 The parties will each pay half HUSBAND will pay __% and WIFE will pay__%
ILA uped Sune 21 Page 19 of 24 Apps MTAXES AND DEPENDENCY EXEMPTIONS
FILING TAXES FOR CURRENT YEAR:
A. If the dissolution is final before midnight 31 December, the parties are single and must file as such for
the tax year. Otherwise the parties will file as:
a w
(_) C_) Single
) () Married filing jointly
C_) () Married filing separately
() () Head of Household
For joint filing, the parties agree to
Di Share payment of deficit equally
Share payment of deficit proportionally to their income
1D Share refund equally
D Share refund proportionally to their income
O Other:
FILING TAXES FOR FUTURE YEARS
DEPENDENCY EXEMPTIONS AND CHILD TAX CREDIT: In the absence of an agreement between the
patties, the general rule is that the custodial parent gets the dependency exemptions. A noncustodial parent
providing child support may be entitled to dependency exemptions if a decree of divorce or written separation
agreement so provide.
1D WIFE is to get the dependency exemptions
HUSBAND is to get the dependency exemptions
1D WIFE and HUSBAND split the dependency exemptions**
**1f the dependency exemptions are to be spli
1 AUSBAND will get the dependency exemptions for each (_) even (_) odd year and the WIFE will get the
exemptions each (__) odd (_) even year
(1 HUSBAND will claim the following children as exemptions on his income tax return each year and the WIFE,
will claim the following children as exemptions on her ineome tax return:
HUSBAND:
WIFE:
MA wpa Jane 28 Page 20 of 24 Appx MSURVIVOR'S BENEFIT PROGRAM, RETIREMENT BENEFITS,
CLAIMS AGAINST ESTATE
SURVIVOR'S BENEFIT PROGRAM (SBP) ELECTION
1 (_) HUSBAND (_) WIFE agrees upon retirement from the Armed Forces, to voluntarily elect to participate
in the military sponsored Survivor's Benefit Program and to elect the (_) HUSBAND (_) WIFE as the
beneficiary thereof at the (_) maximum rate available (__) minimum rate available (_) Other (please specify)
(_) HUSBAND (__) WIFE will be responsible for paying the SBP premiums.
1 (_) HUSBAND (__) WIFE agrees to waive election to participate in the military sponsored Survivor's
Benefit Program,
RETIREMENT BENEFITS
Pensions (including military retired pay) are divisible as marital property or community property. (The
Uniformed Services Former Spouses Protection Act (USFSPA) allows states to divide “disposable” military
retired pay). The portion of a pension earned during the marriage is property that may be divided and distributed
between the parties under a Separation Agreement or by court order. Please consult your attorney for further
explanation.
Military and Civilian Pension Righ
Name of Plan HUSBAND’S or WIFE'S Account #
CLHUSBAND agrees to waive and give up all claims he may have for a part of WIFES military
and/or civilian retirement income (to include IRAs)
O WIFE agrees to waive and give up all claims she may have for a part of HUSBAND'S military
and/or civilian retirement ineome (to include IRAs)
OR
D HUSBAND will pay to the WIFE __% of his civitian retirement income
1D WIFE will pay to the HUSBAND __% of her civilian retirement income
OR
1 Settled by payment from HUSBAND to WIFE Amount: S ;
Sum to be paid on or before:
D Settled by payment from WIFE to HUSBAND Amount: $
Sum to be paid on or before:
ILA sped Se 21 Page 21 of 24 Apps MACTIVE DUTY AWARDS
1 Spouse to receive a specific dollar amount. This provision safeguards any subsequent cost of living pay
increases for the retiree (unless the spouse has the order modified each time a raise is received.) The specific
dollar amount is S per month,
1 Spouse to receive a specific percentage. This provision gives the former spouse the benefit of subsequent
cost of living adjustments. The specific percentage is % of the marital share of disposable military
retired pay.
O Military retired pay to be divided based on a formula. “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.”
Oi Military retired pay to be divided based on a hypothetical formula:
( Active duty hypothetical calculated as of time of division; may only be used for members who entered
service BEFORE 09/01/80: “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 ” [Include in court order: On the date of the decree of
divoree, dissolution, annulment or legal separation (add date) the member's military
pay grade (rank) was and the member had years and months of erediable
service].
( Aetive duty hypothetical calculated as of time of division, for members who entered service AFTER
09/01/80: “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 [Include in court order: On the date of the decree of
divorce, dissolution, annulment or legal separation (add date) the member's military
retired pay base (high-3) was (provide a dollar amount) and the member had years
and months of creditable service].
JA upeid ne 24 Page 22 of 24 Ao MtRESERVE AWARDS WHEN THE MEMBER IS STILL DRILLING
OO Eixed award: The former spouse is awarded (dollar amount) of the member's disposable
military retirement pay.
1 Percentage award: The former spouse is awarded __% of the member’s disposable military retirement
eee
1 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.”
1 Military retired pay to be divided based on a hypothetical formula
‘O Reservist hypothetical calculated as of time of division; may only be used for members who entered service
BEFORE 09/01/80: “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” [Include in court order: 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
(enter amount) reserve retirement points, and the member had years of service for basie pay
(purposes (list amount of years and months).
C 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 [Include in court order: On the date of the decree of
divorce, dissolution, annulment or legal separation (add date) the member's military
retired pay base (high-3) was (provide “@ dollar amount) and the member had enter
amount) reserve retirement points].
1 Ifthe member's disposable military retired pay is reduced as a result of disability payments, the member
(_) WILL (__) WILL NOT indemnity the former spouse in the amount he or she would have received if
there had been no reduction.
CLAIMS AGAINST THE ESTATE OF THE OTHER SPOUSE:
C1) HUSBAND agrees that the estate of WIFE will pass to the heirs of the WIFE as if the HUSBAND had died
before the WIFE. HUSBAND further agrees not to contest the will of WIFE.
Ol WIFE agrees that the estate of HUSBAND will pass to the heirs of the HUSBAND as if the WIFE had died
before the HUSBAND. WIFE further agrees not to contest the will of HUSBAND.
A wpe Jane 21 Page 23 of 24 Apps MOTHER:
Please specify any other mutually agreed upon terms that were not covered by the above sections:
The signatures of HUSBAND and WIFE below reflect they have discussed the
contents of this worksheet.
THIS WORKSHEET IS NOT A BINDING AGREEMENT
HUSBAND (DATE)
WIFE (DATE)
ILA wpe Jase 21 Page 24 of 24 Appx