Q: I receive a percentage of my former spouse’s retirement. It is considered a division of property. He has remarried and has listed his new spouse as the beneficiary of SBP. Does my court ordered percentage still apply to the SBP since it is an asset that was acquired, during the marriage, that is being passed on to the new spouse?
Kelly, Tampa, Florida
A: While I can understand where you are coming from, your best plan might be to ensure your former spouse is eating right and getting his exercise. All kidding aside, since your divorce decree did not mandate that your ex-spouse maintain the Survivor Benefit Plan (SBP) with you, a former spouse, as the beneficiary he was well within his rights to name his new spouse as the beneficiary. Thus, if something happens to him, the military retirement check you receive will come to a screeching halt.
I’ve received this question or some variation of it numerous times, so I thought I would reiterate a few key points. First, I think SBP is a great program and should be considered in most situations. Second, in a divorce, the decree should explicitly mandate the requirement for the servicemember to elect SBP Former Spouse coverage. While the servicemember can voluntarily cover their ex, this approach does not protect the former spouse and the beneficiary can be changed in a situation like yours, a second marriage. Finally, whether the former spouse coverage is to be opted for voluntarily or as a result of the court mandate, DFAS must be notified within one year of the date of the divorce. This is a deadline you don’t want to miss!
As to your specific situation, here’s a strategy to consider: take out a life insurance policy on your former spouse. You would be the owner and beneficiary of the policy, while he would be the insured. As such, this step would require a bare minimum of cooperation on his part as there would be medical interviews and exams, but at least it would provide you protection in the event he passes away and your income is affected. On the upside, you could tailor the amount of coverage to replace SBP, but of course you are going to be adding an additional expense to your budget.
I was married for 18 years to a retired military officer but we divorced in 2003 and I didn’t claim SBP. I was 62 and didn’t think it was available to me after divorce. Now after all these years I read the Divorce agreement and found that I was eligible. Is there any way to reinstate it?
you had one year post divorce to get signed up for SBP (if it was specifically written that he has to maintain SBP on you). You only get SBP if he dies but if you didn’t sign up for it, or remarried there is not going back
need help. been married for 5 years and my husband is filing for a divorce. i don’t know what benefits i get being he was the dishonest spouse. he cheated. now i am clueless as to what i will be getting out of this divorce cause my name is on the house and i get an allowance for me and the kids of $500 a month completely. i feel as if i should be getting more but never bothered him for it but now as the divorce is going through i feel as if i will be left with the short end of the stick. someone please help me.….…please.
Benefits wise, you will pretty much get nothing from the military after your divorce having only been married 5 years. If the kids are biologically his then he will be ordered to pay child support which will be based on your STATE laws, how much he makes, and how much you make (or could make if you are unemployed, it’s called imputed income). Without a civilian court order all he has to pay you is 2–300/month. Once you have a court order then that is what he is obligated to pay you. If he’s paying your car note, mortgage, utilities etc then he is going way above and beyond what he is required to pay you. If your name is on the house and you don’t want/don’t get it in the divorce request your lawyer to put in the decree that he has X months to refinance your name off of the title.
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