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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
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Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My retired military Army BG just divorced me for a younger

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My retired military Army BG just divorced me for a younger women, I have a court order that his military pay of $8,800 per month is to be divided at 50% for each ~ there is SBP to be taken out, before the $8,800 is divided I am submitting the court order to DFAS tomorrow my big question is if he dies will my check keep coming from DFAS.

Renee Orr
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Based on the information you provided, you will continue to receive payment from DFAS, but it will be in the form of the SBP, not retired pay. In other words, retired pay stops upon the death of the retiree, but SBP, if elected takes over at the time of their death. You would need to report his death and apply for your SBP payments at his death. You can find out how to do that at: http://www.dfas.mil/retiredmilitary/survivors/Retiree-death.html

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17612
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Marsha411JD and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.


Okay he only took out SBP @ 25% ~ is there any way i can increase the % maybe to 50% as 25% is not going to provide but $2,200.00 ~ any suggestion?

Expert:  Marsha411JD replied 1 year ago.
Hello again. The only way that can change is if the court orders a higher percentage election for you. Otherwise, he couldn't change if he wanted to if he has already made the election.

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Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG