What is a Survivor Benefit Plan and does it apply in military divorce?

A Survivor Benefit Plan (SBP) is a type of insurance policy available through the U.S. Department of Defense that provides financial benefits to the surviving spouses and dependents of retired military personnel. In the event of the servicemember’s death, their spouse and dependents are entitled to receive the benefits that were allocated. In the event of a military divorce, the SBP still applies if the former spouse has been designated the “beneficiary” of the service member’s SBP and the former spouse has not waived this right. In California, military divorce law states that the marital portion of the SBP must be divided between both spouses in the same way that other marital assets are distributed. The court will consider the length of the marriage, the individual needs of both parties, and any other relevant factors to distribute the SBP. Also, California’s military divorce law states that all former spouses of servicemembers have the right to remain covered under the former service member’s health insurance plan for up to one year after the date of divorce, provided that their marriage lasted for at least twenty years and during those twenty years the servicemember was on active duty for at least twenty years. Therefore, a Survivor Benefit Plan does apply in military divorce cases and is generally subject to the same division of assets as in any other divorce situation. It is important that those involved understand the specifics of the Survivor Benefit Plan and all legal requirements associated with it.

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What is a Survivor Benefit Plan and does it apply in military divorce?

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