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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34265
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im going through divorce I been retired years now at

Customer Question

im going through divorce I been retired for 3 years now at the time of retirement my wife at the time waived SBP and we selected kids only. Now that we are divorcing she wants SBP I was told that she is not eligible because she waived it in the beginning and we select children only. Here attorney wants to put it in the decree but Naval Legal has told me that she is not eligible because she waive it for kids prior to me retiring. please advise.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma...but I do not understand your question. What is it you are looking to determine? Are you asking if the court can order you provide insurance to take the place of SBP?
Customer: replied 1 year ago.
No can they make me pay sbp.if she waived it at retirement.....If she want insrance who pays it
Customer: replied 1 year ago.
We selected child only 3 years and now we are divorcing she wants the sbp i dont think i should have to pay but im already retired so she is not eligblel right.
Customer: replied 1 year ago.
She should be responsible for paying sbp if ahe wants it not me why would i pay for her..she want money at all cause and told me that i need to pay so basically i pay 650 in retirement to her , 630 in alimony and 1420 in child support... i dont think this is right.
Customer: replied 1 year ago.
If she waived it she is no longer elogible even if the court orders it if she waived it at retirement then she can not get until there is a open seaon
Expert:  P. Simmons replied 1 year ago.
I agree with you...it is not possible to get SBP now...DFAS rules are clear on this one...if you do not elect spousal SBP within 1 year of retirement you can not later elect itSo it is too late for SBP However, it is possible to purchase other insurance to accomplish the same thing. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
If she wants insurance shounldnt she have to pay for it..why would i pay for insurance for hef i die....i get none from hers...
Expert:  P. Simmons replied 1 year ago.
That is up to the court. My experience is that the court can go either way on this...but since CA is a community property state you have a good argument that she should bear the cost of insurance.

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