-Unreported Opinion-
4
ORDERED, that Isabel Galvez Lopez is awarded a marital share of
Steven Martinez’s U.S. Military Pension on an if, as and when basis,
according to the Bangs formula. Further, Isabel Galvez Lopez is awarded
pre-retirement survivor benefits, at her election and sole expense, if
available to her within the time requirements of the plan administrator for
such election; and it is further,
ORDERED, that the court reserves jurisdiction to pass or amend
qualified pension orders, such initial order for the military pension to be
submitted to the Court by Defendant’s [i.e., Lopez’s] counsel within 30
days of this Order, and it is further,
ORDERED, that the Defendant’s request for alimony, both
rehabilitative and indefinite, is denied, and it is further,
ORDERED, that Steven Martinez shall pay to Isabel Galvez Lopez
the sum of $5,000.00, payable in full on or before December 31, 2016, as a
monetary award to adjust the equities in the marital property. . . .; and it is
further,
ORDERED, that all other requests for relief, including attorney
fees, shall be denied; . . . .
As reflected in the above quoted excerpt, although the November 22, 2016
judgment stated that Lopez was “awarded pre-retirement survivor benefits, at her election
and sole expense, if available to her,” the judgment of absolute divorce made no explicit
reference to, or award of former spouse coverage under, the Survivor Benefit Plan,
codified at 10 U.S.C. §§ 1447-55.
On December 1, 2016, Lopez filed a motion to alter or amend the judgment of
absolute divorce. Lopez asked the court to, among other things, amend the order to
include language she proposed expressly providing:
Isabel Maria Galvez Lopez shall also be awarded former spouse coverage
under the Survivor Benefit Plan, with a base amount to be determined by