- 8 - benefit, not his former spouse’s. Accordingly, we hold that petitioner’s payments to his Thrift Savings Plan are not deductible alimony. Similarly, petitioner contends that his contributions to his retirement plan are deductible alimony payments. Petitioner contends that, because he must contribute to his retirement plan, and because creditable benefits continue to accrue after the marriage, he essentially is being forced to make alimony payments. Petitioner further contends that the formula set forth in the divorce decree is incorrect because it does not fix the number of years of creditable benefits and that wages are not property. Respondent argues that the interest in the retirement plan allotted to petitioner’s former spouse is part of the property settlement. We agree with respondent. Petitioner fails to understand the function of the formula set forth in the divorce decree. The divorce decree provides as follows: The plaintiff [sic] share of retirement shall be calculated using a fraction where the numerator shall be 22.5, representing the number of years of the marriage, and the denominator shall be the total number of years during which creditable retirement benefits were acquired by the defendant, times fifty percent. The total number of years of creditable benefits (years of service) does not have to be fixed; that is the purpose of numerator, 22.5 years, the duration of the marriage. The numerator in the equation limits the percentage of the funds toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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