If the divorce decree ordered the servicemember to maintain SBP
coverage, with former spouse being designated as his beneficiary for a Former Spouse SBP Annuity, and the former spouse survives the death of the servicemember/retiree, the former spouse will receive the entire former spouse SBP annuity. SBP is a "unitary benefit." It cannot be divided between a surviving current spouse and a surviving former spouse. The only way around this would be the former spouse voluntarily giving consent to waive her rights to the surviving former spouse SBP annuity, or a court order authorizing the termination of the former spouse SBP coverage.
For the divorcing servicemember: "You are only allowed one adult SBP beneficiary. You cannot reserve part for a present or future spouse and part for a former spouse.
MARRIAGE AFTER RETIREMENT WHILE HAVING FORMER SPOUSE COVERAGE
Former spouse SBP coverage may be changed after retirement to cover a new spouse only if:
----> a. The former spouse election was required by a court order and the retiree provides an acceptable certified court order permitting the change, or
-----> b. The former spouse election was made to comply with an agreement that is not part of a court order and the former spouse agrees in writing to the requested change.
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.