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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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The state of awarded approx 43 percent of my commander

Customer Question

The state of Virginia awarded approx 43 percent of my commander retirement pay to my ex-husband. I have remarried and my husband is 77 yrs old. I am 100 percent disabled and 64 yrs old. If I die will the portion of my retirement pay that my ex husband is getting pass to my current husband?
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Thanks for your question. First, let me ask, have you elected the survivors benefit plan?

Customer: replied 1 year ago.
No, Sir.
Customer: replied 1 year ago.
He signed the waiver for NO survivor benefit plan in 2002.
Customer: replied 1 year ago.
I am sorry but I have to go to another appointment right now. I will check my email as soon as I return - in about 1 hour. Thanks you.
Expert:  Peter Griesch replied 1 year ago.

To be clear, when you say no, do you mean that you enrolled in the survivor benefit plan and your former spouse agreed to waive benefits after your death, or that you did not enroll in SBP?

If survivor benefit plan coverage was not elected at retirement, then if you die, no one gets the retirement pay.

Your military retired pay stops on the date of your death. The survivor benefit plan was passed into law as a way to provide a monthly income to a servicemember's eligible survivors, such as a spouse.

If you were married and elected coverage at retirement, you can elect for your current spouse to receive the SBP upon your death. If you were married at retirement and elected not to cover your spouse, you cannot ever cover another spouse throughout retirement. In other words, you've waived spouse coverage.

Customer: replied 1 year ago.
I still am unclear. If my ex-husband dies, of course he will cease to get the amount of my retirement that the court of Chesapeake Virginia awarded him. Would I then receive my entire retirement - 100 percent- in place of the partial amount I receive now?
Expert:  Peter Griesch replied 1 year ago.

Yes. If he dies, you'll no longer have a spousal support obligation, and will keep 100%.

Expert:  Peter Griesch replied 1 year ago.

If you have any further questions, I'd be happy to assist.

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Thank you.