How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lawrence D. Gorin Your Own Question

Lawrence D. Gorin
Lawrence D. Gorin, Lawyer
Category: Military Law
Satisfied Customers: 1503
Experience:  Military & Family Law. 30+ years experience. USFSPA pension division expertise.
Type Your Military Law Question Here...
Lawrence D. Gorin is online now
A new question is answered every 9 seconds

My fiancé is set to retire from the Air Force at the end of

Resolved Question:

My fiancé is set to retire from the Air Force at the end of this year. His first wife, according to their divorce decree is entitled to his survivor benefits, although the decree did not stipulate who was to pay the $250 a month premium. Am I entitled to any survivor benefit at all after we marry or goes it all go to her in the event if his passing?
Submitted: 1 year ago.
Category: Military Law
Expert:  Lawrence D. Gorin replied 1 year ago.
ANSWER:
If the divorce decree ordered the servicemember to maintain SBP coverage, with former spouse being designated as his beneficiary for a Former Spouse SBP Annuity, and the former spouse survives the death of the servicemember/retiree, the former spouse will receive the entire former spouse SBP annuity. SBP is a "unitary benefit." It cannot be divided between a surviving current spouse and a surviving former spouse. The only way around this would be the former spouse voluntarily giving consent to waive her rights to the surviving former spouse SBP annuity, or a court order authorizing the termination of the former spouse SBP coverage.

For the divorcing servicemember: "You are only allowed one adult SBP beneficiary. You cannot reserve part for a present or future spouse and part for a former spouse."

MARRIAGE AFTER RETIREMENT WHILE HAVING FORMER SPOUSE COVERAGE

Former spouse SBP coverage may be changed after retirement to cover a new spouse only if:

----> a. The former spouse election was required by a court order and the retiree provides an acceptable certified court order permitting the change, or

-----> b. The former spouse election was made to comply with an agreement that is not part of a court order and the former spouse agrees in writing to the requested change.

 

=========================
NOTE:
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Lawrence D. Gorin, Lawyer
Category: Military Law
Satisfied Customers: 1503
Experience: Military & Family Law. 30+ years experience. USFSPA pension division expertise.
Lawrence D. Gorin and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you! Since it does not stipulate who pays the monthly premium, we will try to have her pay it. If she opts out because she doesn't want to pay the $250/month, at that time, based on the information you have provided, is it possible to receive this benefit? I understand that it is with a court order, or with her agreeing in writing?

Expert:  Lawrence D. Gorin replied 1 year ago.
NEED FURTHER INFORMATION....
Does his divorce decree award to former spouse any portion of husband's retired pay? Or does it just require that he elect SBP former spouse for wife's benefit?

The cost of the SBP coverage is paid by way of a reduction of the amount of retired pay to which the retiree would otherwise be entitled to receive. There is no cost until the servicemember retires and commences receipt of retired pay.

It is important to understand that in cases in which a former spouse is awarded a percentage of a military retiree's retired pay, and SBP coverage is elected for the former spouse (either voluntarily or involuntarily), the former spouse, in effect, pays a portion of the SBP premiums in an amount proportionate to the division of retired pay. This happens automatically because divisions of retired pay are based upon disposable retired pay, which has already been reduced because of the SBP premium.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications