You really need to confer with a family law atty who is in a military area. They will be familiar with Disability versus Service military retirements and how the Domestic Relations Order should be drafted (reverse engineer, with info re the 'boilerplate' {Q}DROs that are used, & see what you need to have the court order to attain that DRO).
If your entire dispute is only about an 'indemnification clause' - sorry, I can't spend time researching such - they are useful, but often impotent. I'm not use what you want him to indemnify ... things get dodgey when disability is a component.
FYI:
If I am qualified for both concurrent receipt and Combat-Related Special Compensation (CRSC) can I take both?
Answer: No. DFAS is paying each retiree the higher dollar amount between the CRSC and CRDP payments regardless of taxable disposition of CRDP.


Note: December 2005 retired members entitled to receive either CRSC or Concurrent Retirement and Disability Pay (CRDP) will be provided with an election form as part of the annual open season. During the open season, affected retirees will have the opportunity to elect to receive either CRDP or CRSC for the next year. In order for the entitlement to change, the form must be received and processed by Jan. 31, 2006. Based on the election, the change will take effect on the payment dated Feb.1, 2006. In addition, as a result of the phased in CRDP, the amount retirees will receive for CRDP will increase effective January 2006 and will be reflected in the payment dated Feb.1, 2006.

Is the concurrent receipt compensation taxable?
Answer: Based on current law regarding taxability of disability income (26 U.S.C. 104), concurrent receipt may be taxable the same as your regular retirement pay.

What is the name of your state (only U.S. law)? TEXAS


I'm am desperately trying to find case precedent or case law regarding how the State of Texas is deciding 'Disposable Retirement Income'. According to DFAS CRDP payments 'are a restoration of retired pay' and are subject to taxation, garnishment, community property division...etc etc. CRSC is not. I happen to be one of the 200k + non military retired spouses going through a divorce in El Paso and the judge specifically stated they don't believe they can order the indemnification clause which protects my 25% of the half of the half of the divisable community property military pension. In essence hes receiving $XXX in CRDP payment seperate from VA. with $XXX.00 as the VA waiver recouped by DFAS, the offset of his retirement. He won't agree to the indemnification clause in the decree. My lawyer is telling me to just let it go...THAT'S CRAZY!, in Jan 2010 when the annual VOLUNTARY OPEN SEASON to choose between CRDP or CRSC he'll turn around waive all of his retirement pension for the VA CRSC and then my 25% of divisable community property under CRDP will amount to 25% of $0 in disposable retirement income!.

HELP ME HELP MY ATTORNEY