NJSBA Family Law Section

 View Only

  • 1.  Quick military tax issue

    Posted 03-17-2016 01:26 PM
    Uncontested divorce. 41 year marriage, H long retired from the military after 25 years service - military pension is in pay status. After the parties file a Military Pension Division Order (MPDO), W begins receiving her share of the pension directly from the military every month.

    Question:

    (1) Does the military send her a 1099-R at the end of each year for the portion she receives and send him a separate 1099-R at the end of each year for the portion he receives?
    <x-tab>        </x-tab><x-tab>        </x-tab><x-tab>        </x-tab>Or

    (2) Does the military only send him a 1099-R on the whole amount paid out (regardless of who it's paid to)?

    I would have thought (1), but Wife (pro se) is adamant that it's (2).



    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>


  • 2.  RE: Quick military tax issue

    Posted 03-17-2016 03:36 PM

    Pretty sure it's (1) – each gets a 1099.  I say that because the Defense Finance and Accounting Service requires that you give them, as the alternate payee's share,  a percentage of the gross of the participant, less the cost of the Survivor Benefit Plan premium (what we civilians would call the joint survivor benefit cost)  – what DFAS calls a percentage of "the member's disposable military retired pay".  So, they are really dealing with gross amounts of retirement benefit less the cost of the joint survivor benefit.  Therefore, it's easy enough for their computers to spit out the 1099 for each party.  It would just make no sense to essentially put the taxes on the participant.

     

     

    Mark F. Saker, Esquire

    Attorney ID #271831971

    ______________________________

     

    image006.png@01D0F54B.3C02E780

     

    PLEASE NOTE OUR NEW ADDRESS

     

    Lomurro, Munson, Comer, Brown & Schottland, LLC

    Monmouth Executive Center

    4 Paragon Way, Suite 100

    Freehold, NJ, 07728

    image002.gif@01D02A87.76DA3D70[email protected]

    image003.gif@01D02A87.76DA3D70Main: 732-414-0300 X 140

    image003.gif@01D02A87.76DA3D70Direct: 732-414-0343
    image004.gif@01D02A87.76DA3D70Fax: 732-431-4043

      Cell:  732-915-5190

    W   www.lomurrolaw.com

     

    CONFIDENTIALITY NOTICE:  This Email and any attachments thereto are intended for the exclusive use of the addressee. The information contained herein may be privileged, confidential or otherwise exempt from disclosure by applicable laws, rules or regulations.  If you have received this Email in error and are not the intended recipient, you are hereby placed on notice that any use, distribution, copying or dissemination of this communication is strictly prohibited. If you have received this in error please notify the sender immediately at 732‑414-0300 and delete this Email and any attachments immediately.  Thank you for your anticipated cooperation.

     

     




    Original Message