Your children will receive the SBP annuity if you elected coverage for spouse and children and they are eligible "dependent child" beneficiaries at the time of your death. An eligible dependent child must be:. Note: There are special rules that may apply to foster children, school attendance for students, and children serving on active duty. You may get SBP spouse coverage for the first spouse you acquire after retirement. However, you must elect the coverage before the first anniversary of your marriage.
Yes, you may elect to cover a child as long as you elect to cover the first child acquired after you retired, within one year of the child's birth or adoption etc. Subsequent eligible children will automatically be covered under SBP.
Spouse coverage under the SBP stops on the date of divorce, since the status as spouse ends on that date. Termination of the divorced spouse's eligibility is automatic under the law, even if DFAS isn't notified of your divorce.
If you wish to keep your former spouse as a beneficiary of your SBP, you should send DFAS a copy of the divorce decree, and a written request to change coverage to former spouse coverage. You must do this within one year of the divorce date.
It depends. If you voluntarily elected former spouse SBP coverage then you may make a written election to change the coverage to your new spouse or dependent child anytime after you remarry or within one year of acquiring a dependent child.
However, former spouse SBP coverage that is based upon a court order or written agreement cannot be stopped at your request alone. Court-ordered former spouse coverage may be changed to spouse coverage, only if you remarry, and you furnish DFAS a certified copy of a court order that modifies the provisions of all previous court orders and removes any requirement to provide former spouse SBP coverage.
Former spouse coverage can also be changed if your former spouse dies. If the former spouse SBP is based on a written agreement that has not been incorporated or ratified or approved by a court order, you must furnish DFAS a statement that is signed by you and your former spouse, which proves your former spouse's agreement to the change.
In addition, you must certify either that the court order is valid and in effect or that the statement is current and in effect.
This is an election that can be made by the unmarried retiree who might want to provide for a relative including dependent children or other person who could be hurt financially if the retiree dies.
Your nonmilitary spouse can veto your election should you elect to not participate in SBP or elect not to participate at the maximum level. As long as the former spouse is alive, the member may not name a current spouse as a beneficiary unless the former spouse waives the benefit in writing.
Note: Slightly different rules apply for members of the reserve forces and national guard. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Like your retirement pay the SBP annuity is protected from inflation.
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