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I am a former spouse. I am currently receiving my portion of…

I am a former...

I am a former spouse. I am currently receiving my portion of my spouse's retirement and am the former spouse beneficiary of SBP. I'm 50 and about to remarry. How can I reinstate my SBP benefits if my new spouse dies or our marriage ends in divorce? I understand my SBP is suspended. Do I still have to pay or are my payments suspended as well?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I'm in Kentucky and e currently ives in missori

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No. Hes already retired and I'm not on base anymore.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm currently paying $470/month for the SBP annuity

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Answered in 12 minutes by:
1/17/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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What does the court order say about this? Who is responsible for paying SBP?

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Customer reply replied 7 months ago
I am responsible for the SBP premium each month.
Customer reply replied 7 months ago
I'm fine via computer

Thanks

You would need to notify DFAS. If you remarry PRIOR to age 55, generally you are not eligible for SBP. So if you notify DFAS they can stop the benefit.

You can not reinstate the benefits if you cancel them (if you stop paying, you can not start paying again). SO if the goal is to keep the option for the benefit, you need to continue to pay the benefit.

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.

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Customer reply replied 7 months ago
I don't understand. Everything I've read says my SBP will be suspended not canceled. If it's suspended, how can they collect a premium? I wouldn't get the death benefit if my ex-husband died and I was still married.

SBP is insurance (and WAY overpriced insurance at that). No more. No less.

If you cancel the insurance? You can not reinstate it.
I agree with you, you are NOT eligible for the benefit if you remarry prior to age 55. And I also agree that if you remarry, but your current spouse dies, and your former spouse dies? THen you would be eligible.

So if you want to keep the ability to collect the benefit, you have to continue to pay it.

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.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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