What is a Survivor Benefit Plan and how does it affect a military divorce?

A Survivor Benefit Plan (SBP) in the context of military divorce is a retirement plan available to eligible military spouses. SBP allows the former spouse of a military service member to continue to receive a portion of the service member’s retirement pay after the service member’s death. This is important to consider in a military divorce because the former spouse can continue to receive payments even after the divorce is finalized. In the context of a military divorce, the service member is responsible for electing coverage and paying the premiums needed for their former spouse to be eligible for SBP benefits. The cost of the premiums depend on the type of coverage elected and the amount of payment the former spouse will receive. Payments to the former spouse are made for as long as they remain unmarried, or until they remarry, whichever comes first. In California, the court may order that the former spouse is eligible to receive SBP benefits, and it must do so in writing as part of the divorce decree. This court order provides the necessary documentation for the former spouse to receive SBP payments in the event of the service member’s death. In some cases, the court can also order that the former spouse be enrolled in the SBP plan, and the service member will be responsible for the payment of premiums. Ultimately, Survivor Benefit Plans in the context of military divorce provide an important source of income for the former spouse in the event of the service member’s death. It is important to understand this plan and how it may affect a military divorce in the state of California.

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