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Thanks for the chance to help. I am an attorney with over 12 years military law experience.
I am sorry to have to bear bad news.
You do not need to consent...not if there is a court order in place ordering SBP to be assigned to the former spouse. Nor is notice required to you.
The military has requirements that a current spouse be notified and consent prior to declining SBP. This is ti ensure that a current spouse is not denied this property right.
However, if there is a court order awarding SBP to the former spouse, then the former spouse is entilted to the benefit...and notice/consent from the current spouse is not required. So you have no legal basis to appeal this. You do not have "standing" or the right to file an appeal.
Your spouse can appeal this...but, frankly, if there is a court order that he nominate his former spouse for SBP, the former spouse can enforce that order. It is likely too late to appeal this, as it was part of the original decree of divorce.
Is there a one year deadline to file the court order by either parties to the DFAS? They were divorced in 2006 and did nto submit the paper work. Now she is requesting a new court order be obtained by her attorney with modifications since the 1 yr deadline passed. The USAF has verified that I am still listed as SBP.
There is a DFAS requirement that change be made within one year of retirement.
But this will be a problem for him...he should have notified the military at the time of his retirement...it sounds like he failed to do so. So he will have to answer to the court for this and apply to DFAS to waive that requirement. If they will not waive, then he may be subject to penalty from the court for not following the court order.
The court can, for example, require him to pay for independent insurance to match what she would recive from DFAS.
confirming what you've said. I am not entitled to any our my spouses military benefits if deceased. No financial protection for current spouses, correct?
Thanks for your help and replies. I currently have my husband listed as 100% beneficiary for my $300,000 life policy and my retirement. I feel as if I am not covered as his current spouse. :(
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