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I wish to cancel the survivor benefits spouse.

Customer Question
I wish to cancel the...
I wish to cancel the survivor benefits for my spouse.
Submitted: 2 years ago.Category: Military Law
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Answered in 4 minutes by:
1/20/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
Experience: Lawyer and current JAG officer.
Verified

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.

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Military Lawyer: Allen M., Esq., Lawyer replied 1 year 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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Allen M., Esq.
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Category: Military Law
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Experience: Lawyer and current JAG officer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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