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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33471
Experience:  16 yrs. of experience including family law.
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My ex-wife was married to me during 18 of my 20 years of

Customer Question

My ex-wife was married to me during 18 of my 20 years of Naval Reserve service. I designated her as my beneficiary before I retired but it was denied because our divorce was effective shortly before my retirement.
She is the one who had both children without me because I was stationed elsewhere and endured the separation of deployments.
Is there anything that can be done ?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I do not understand your question...are you asking if you can take out SBP in her name?

Customer: replied 1 year ago.
Whomever I designate is entitled to 50% of my retirement pay after my death. My current wife and I had not even met at the time I retired and I wuld like for my ex-wife to get that benefit but that was denied at the time of my retirement because we were divorced.Have things chenged since than and whom do I contact to get this done if possible. ?
Expert:  P. Simmons replied 1 year ago.

Tell me

1. How long ago was the divorce?

2. How long ago was the retirement?

3. Did the divorce decree order your ex get your SBP?

Customer: replied 1 year ago.
Divorce about SEPT 1983. Retirement OCT 1983.The divorce decree did NOT make any reference to SBP.
Expert:  P. Simmons replied 1 year ago.

Thank you
One more....you are currently paying for SBP now? Or are you "paid up"

Customer: replied 1 year ago.
I don't know. I challenged the ruling but never followed up with any other beneficiary names that I can recall.
Expert:  P. Simmons replied 1 year ago.

But are you current? I mean, are they taking money from your check each month? Or, does your monthly retired statement indicate you are paid up?

Customer: replied 1 year ago.
I don't get a monthly retired statement.Surely there is a simple answer either way.
Expert:  P. Simmons replied 1 year ago.

A key question is whether you are paying for SBP or not.

IF you are not currently paying for SBP? Then you are "out of luck". SBP is insurance....and if you did not elect it at the time you retired, or did not sign up for it during one of the "open enrollment" periods? Then it is not possible for you to get SBP for anyone now.

Period.

Now...IF you are paying for SBP (or have "paid up"), then it MAY be possible to change your beneficiary.

You could apply to change your beneficiary with this form
http://www.dtic.mil/whs/directives/forms/eforms/dd2656-1.pdf

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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