Military Divorce Series
Survivor Benefit Plan and Divorce
Election deadlines, premiums, and former spouse protections
The Survivor Benefit Plan provides lifetime annuity protection that becomes critically important during military divorce. Unlike civilian pension survivor benefits, SBP coverage does not continue automatically for former spouses. Understanding the timeline of events, from divorce filing through election deadline, prevents the permanent loss of this valuable protection. At Hayat Family Law, we guide clients through this process with precision.
Divorce Filing
When the divorce petition is filed, both parties should immediately address SBP coverage in settlement negotiations. Waiting until the final decree creates unnecessary risk. The decree must contain specific language directing the SBP election and specifying the base amount.
Final Decree Entry
The divorce decree must state clearly that the former spouse is entitled to SBP coverage, specify the base amount (typically full retired pay), and direct the service member to make the election. Generic language about “survivor benefits” is insufficient for DFAS processing.
The One Year Election Window
Former spouses have exactly one year from the date of the divorce decree to make a deemed election with DFAS. This deadline is statutory and absolute. Missing it permanently forfeits the right to lifetime annuity protection. The election requires specific forms submitted directly to DFAS, not just language in the decree.
Premium Deduction Begins
SBP premiums are deducted from the service members retired pay before division. The premium impact is shared proportionally based on the retirement division percentage. If the former spouse receives 40% of retirement, they effectively bear 40% of the premium impact through reduced payments.
Benefit Payment Upon Death
If the election was made properly, the former spouse receives 55% of the base amount as a lifetime annuity upon the service members death. If the former spouse remarries before age 55, the benefit terminates but may be restored if the remarriage ends.
Critical Reminders
- The divorce decree must contain specific SBP language, not generic references
- DFAS requires a separate election form within one year of the decree
- Premiums reduce disposable retired pay before division
- Remarriage before age 55 terminates the benefit
- Legal separation preserves SBP automatically; divorce requires affirmative action
Do Not Miss Your SBP Election Deadline
One year passes quickly. Make sure your divorce agreement addresses SBP properly and that you complete the election.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
