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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Mary. Thank you very much . It was very

Customer Question

Hi Mary. Thank you very much for answer. It was very helpful. In order to ask the next question I need to give you some background. In 1978 I joined the AF Reserves. During my service I was called to active duty for Both Gulf Wars in which I was sent to
theDesert both times. During those years I had three children with my 2nd wife. Unfortunately she passed in1998. I worked three jobs to support my family. AF reserves (34yrs), Law Enforcement NY State Courts (25yrs) and security at Radio City Music Hall (15yrs).
I reached mandatory retirement Oct 2006 with the AF Reserves. I opted at that time not to apply for my retirement pay nor the RSBP (Reserve Survivor Benefit Plan). On April 2013 I submitted ARPC Form 83 (Application for Retirement Pay) and DD Form 2656 (Data
for Payment of Retired Personnel). Here is where I opened a can of worms. I also submitted DD Form 2656-1 ( Election for former Spouse Coverage). Included was 2nd spouse Death Certificate and former spouse Divorce Decree. On my "Retiree account statement"
July 2013 it did show my former spouse as beneficiary of my SBP (Survivor Benefit Plan). In Sept of 2013 SBP was changed to one of my children. I made several inquiries but was never told why the change. I'm sure it was because of the reasons you gave me.
I Swore I would Never get married again. But due to two life changing events in June 2014 I got married. I had a Life Threatening Gall Bladder Operation in which my then Girl Friend took care of me 24/7 during my 4 day stay at the Hospital. She slept on a
chair next to my bed. I also have Prostate Cancer (Which No One Knows about). My current Wife is willing to have my former spouse have my "SBP". Can I or should I submit new Forms to DFAS (Defense Finance and Accounting Services) requesting my former space
be added as my SBP. Or....... Should I submit forms for my current wife to beaded as my SBP. I must decide as quickly as possible as I only have until June 13th of this year to submit any request. Changes to SBP are permitted only one year after you get married.
Thank You again. I'm extremely grateful.
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.
Hello again --
I am sorry to hear about the prostate cancer and I trust that is the reason why you are trying to get these things wrapped up before your condition worsens. -
If your former (second"spouse") was listed as the beneficiary to your plan and the military became aware of the marriage and divorce issues resulting in your "marriage" to your second spouse not being valid, then they would go ahead and change the beneficiary to a child or all of your children.
You can have the second spouse added back as beneficiary but you must have the written and notarized "sign off" on this from your current wife sent along with the change in beneficiary back to your second spouse. If the new wife refuses to grant her that right and sign a permission slip for you then the military will not make any changes to the beneficiary for you on that retirement plan.
Please let me know if you have further questions. THANK YOU