Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. The Survivor Benefit Plan (SBP) is an important consideration when you're going through a military divorce. An experienced Virginia divorce attorney should be able to walk you through all the rules and procedures the military requires to maintain benefits coverage.
The Survivor Benefit Plan is an insurance program that allows retired military members to provide financial security to beneficiaries after the member's death. The plan pays a monthly annuity, which provides additional income for survivors, making up for the retired military pay that ceases when the member dies.
Eligibility for the Survivor Benefit Plan
When you go through a military divorce, you lose your Survivor Benefit Plan eligibility; however, the benefits can be awarded to you in a court order and should be considered when you're working toward a fair settlement agreement with your former husband and Virginia divorce attorney.
You can still receive benefits from the Survivor Benefit Plan but it is not automatic. There are certain procedures the military requires in order for you to maintain Survivor Benefit Plan coverage.
These benefits often go overlooked in military divorce proceedings because they can seem complex and overwhelming. Try working with a Virginia divorce attorney with experience in military divorce, who can help you with all the details surrounding military retirement benefits.
A court order that designates you as a beneficiary of the Survivor Benefit Plan is not enough to actually receive the benefits.
In order to maintain coverage after your military divorce, in addition to your court order, the Defense Finance and Accounting Service (DFAS) must receive either:
There is a specific protocol you'll have to follow in order to make sure you're covered under the Survivor Benefit Plan. You'll want to look for a Virginia divorce attorney that has an understanding of military divorce procedures to make sure that you abide by military rules and can fight for the benefits to which you're entitled.
After your military divorce, you'll also be under a tight deadline to request continued coverage. The DFAS must receive all pertinent paperwork within one year of the divorce. By working closely with a Virginia divorce attorney, you can avoid missing any deadlines that will prevent you from receiving benefits.
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What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits
-- 38 Financial Records you should be aware of
-- 20 steps to prepare for divorce
-- 7 stages of divorce
-- 40 age-appropriate books about divorce for children
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