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

A Survivor Benefit Plan (SBP) is an insurance program that provides a monthly income to a surviving spouse or dependent children in the event of the military service member’s death. The plan is administered by the Department of Defense and is funded by deductions from the service member’s military retirement pay. In the case of military divorce, the SBP will be taken into consideration during the division of marital property. In the state of Washington, the court is required to divide all property acquired during the marriage, including the SBP. When a military couple gets divorced, the court will consider the SBP when it comes to dividing the military retirement benefits. Typically, the SBP is divided between the two spouses, with the former spouse of the service member being eligible to receive a portion of the SBP depending on the number of years of marriage. The beneficiary of the SBP will also be determined in the division of the military retirement benefits. The court has the authority to award the former spouse of the service member a portion of the SBP if it is deemed appropriate. The division of the SBP and the importance of this asset in the division of the military retirement benefits should not be overlooked in a military divorce. It is important for former service members in Washington to work with a divorce attorney who is knowledgeable about military divorce law and the division of the SBP.

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

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