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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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I wish to cancel the survivor benefits spouse.

Customer Question

I wish to cancel the survivor benefits for my spouse.
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Changing the election of SBP made at retirement is exceedingly difficult to do, because there are so few situations where such changes are permitted to be made.

The few circumstances allowing cancellation are if you made that election within the third year of retirement, divorce from that spouse or the death of that spouse.

In the situation of divorce, a cancellation is only permitted if the court doesn't award the right to SBP to that former spouse in the divorce.

If your fact situation doesn't fit into one of those categories, you can't cancel the SBP.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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