Survivor Benefit Plans and Military Divorce: Defending Against or Claiming Former-Spouse SBP Coverage

Description

The SBP allows service members to provide for certain beneficiaries by purchasing an annuity that pays a defined monthly benefit upon the service member’s death. The benefit amount is a percentage of the service member’s retirement benefits and the beneficiary receives benefits for the duration of his or her lifetime. Service members must elect to participate in the SBP—typically at the time of retirement—and pay premiums based on the amount of coverage elected.

In a military divorce, an election for former-spouse coverage under the SBP gives income protection to a service member’s former spouse. However, SBP coverage can become a contested issue when coverage for a former spouse precludes coverage for a current spouse.

In many cases, the service member or retiree does not want the former spouse to have SBP coverage for a variety of reasons, including cost, marriage of short duration, subsequent remarriage, or the contentious circumstances surrounding a divorce. Spouses may automatically demand SBP coverage even when it is not the most effective method for ensuring an interest in the service member’s military retirement benefits.

Understanding the costs, benefits and implementation of the SBP and former-spouse coverage is critical. Practitioners must know the deadlines for application, selection of the base amount, and who will pay the premiums.

Listen as our panel of expert family law attorneys discusses the complexities of former-spouse coverage under the SBP. The panel will discuss considerations and strategies for counsel to service members and spouses seeking to avoid or claim benefits, drafting techniques for ensuring the settlement agreement protects the client’s interest in SBP coverage and benefits, and the key procedural rules and deadlines for making an effective SBP election.