Q: My husband is retired. We were married after he retired from the military. I did sign up to receive survivor benefits and have been making the payments for eight years. My husband and I have thought of getting a larger life Insurance policy and cancelling my survivor benefits. Can we do that? How do you cancel your Survivor Benefits? I cannot find this information on any web site.
– Kellie, Palm Coast, Fla.
A: What do you want first, the good news or, well, the bad? Let’s get (what you will consider) the bad news out of the way first: You’re probably stuck with SBP. There is a window between the 25–36th month following receipt of retired pay to terminate the coverage, otherwise the decision is permanent (barring a death or divorce). The government has rules, you know. Personally, I really don’t think that’s bad news! I believe SBP is the deal of the century. And a great benefit of military service. It’s a cost effective way to ensure you have a reliable income stream should something happen to your husband. From a cost perspective, it’s hard to beat. Paid for with pre-tax money, it provides a cost-of-living-adjusted lifetime benefit. It’s hard to duplicate – even with life insurance. Rather than cancelling SBP, I’d suggest that you visit the VA website or usaa.com and use a life insurance calculator to determine if you need to supplement your SBP with a commercial life insurance policy.
My former spouse( Larry Jasmann, aka Lawrence M. Jasmann ) did not let the USCG know we were divorced after he retired in 1990. We divorced in 1997. The USCG continued to take the allotment because he did not let them know. Now I am told that he needed to inform them that he designated me as beneficiary still within a one year window. Since he did not and I was not informed of any rules.…what are the options? My agreement says I receive 50% of all retired pay after the allotment is taken. This means to me that he can still keep the SBP, naming another wife benefiicary and I will pay for that.
I am assuming by allotment you mean SBP payment? If it wasn’t in your ORIGINAL divorce decree that he is to maintain SBP specifically for you then you have NO options. He can name his new wife as beneficiary. It was not up to him to inform you of the rules for SBP, it was up to you and your lawyer to do the research. And YOU aren’t paying for the SBP allotment, he is. He is the one that did the time to earn the pension, and if you didn’t request SBP in the divorce decree then he is doing nothing wrong.
To Susan, I am pretty familiar with SBP rules and your question depends quite a bit on your divorce decree. Does your divorce decree state that he would be required to provide SBP to you after the divorce (i.e. elect “former spouse” coverage)? If not, then he paid for several years that he shouldn’t have. If that’s the case, I hope he gets that money back! If you were supposed to get 50% of his retired pay, then I hope he shares 50% of the refund with you! (though usually, a former spouses’ percentage of retired is calculated before any deductions!)
It would be highly unusual for the Pay Center not to know you were divorced. He should have taken you out of DEERS so that you no longer showed up as a family member for him. As soon as the Pay Center learned of your divorce, they should have cancelled his SBP premiums from his retired pay unless his decree forced him to change his coverage from “spouse” to “former spouse” (the cost is the same for “spouse” or “former spouse” coverage.) If he is not required to continue to provide SBP to you, then yes, he could elect to cover a future spouse — but HE pays for that, not you. The cost comes out of his retired pay. Your percentage of his retired pay is typically calculated from the gross retired pay. I’d be really surprised if your portion is calculated AFTER SBP costs are deducted. Again, this really depends on your divorce decree so I’d review it carefully. If what you’re after is the SBP, then the only way to get it is to make sure your decree states it (which usually involves going to court.) Good luck!
I was single when I retired from the army. I got married in the mid 90’s and have been marriad only about 7years. I have three questions.
!. if we divorce is she entitled to any of my military retired pay?
2. will sh still be entitled to the SBP?
3. we never consumated the marriage, nor did we sleep in the same bed except every great once in a while. under these circumstances can this marriage be annulled?
How do I find out if my husband signed up for survivors benefits? He is 91 and does not remember. He was a Captain in the navy and was a doctor. He was in the service from 1941 to about 1966.
Thanks
Mary Davis
I married my wife after I retired. We were married for 23 years. We are getting a divorce and I am marrying another lady. Do I have to keep her on my SBP? What % would I have to pay? I would like to leave something for my new wife.
I am a ex spouse, married to a military member (Army) for 24 years, he was in 25 years. I am receiving 35% of his retirement. At the time of our divorce, My ex said if I wanted to keep the SBP i could keep paying on it. A fter about six months, I couldn’t afford the payments. I just assumed it was void now. A couple of years ago my ex said he was still paying for it and I was the beneficiary. He has a new wife been married 8 years. Is there anyway I can find out if its still active and I am the beneficialry? Also, some told me that if he passes away before me, I will get some of his social security, is that true? Thanks, Jackie