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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Can I recover SBP payments due to a divorce. I am a

Customer Question

can I recover SBP payments due to a divorce. I am a Commander and a Philippine wife and have been retired 6 years.
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Perhaps. If you were a listed beneficiary prior to divorce, you would have been entitled to SBP. 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 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 hope this helps.

Thank you for your question.

Expert:  Peter Griesch replied 1 year ago.

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