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Did he elect SBP at the time of his retirement, and just neglect to make you beneficiary, or did he not elect for SBP at retirement?
Unfortunately, the one year election requirement is statutory, meaning that relief may not be granted on appeal. Spousal coverage ends upon divorce; if a member divorces and wishes to provide SBP coverage for his former spouse, he must notify DFAS in writing of the divorce and his intention to provide coverage for his former spouse, even, as in your case, if the former spouse was the spousal beneficiary immediately before the divorce. See 10 U.S.C. § 1448(b)(3)(A). Former spouse coverage must be established within one year of the member's divorce. See 10 U.S.C. § 1448 (b)(3)(A). If the member is required under the terms of the divorce decree to provide SBP coverage to his former spouse and he fails or refuses to do so, the former spouse has one year from the date of the divorce to request a deemed election. See 10 U.S.C. § 1450(f)(3).
After that year has elapsed, a change to former spouse coverage based on the original divorce decree cannot be made.
I'm sorry to be the bearer of bad news.
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