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

A Survivor Benefit Plan (SBP) is an insurance plan offered to certain members of the military and their spouses that pays a monthly benefit to a surviving spouse after the service member dies. This plan can be an important factor in a military divorce, as the surviving spouse will receive the benefit regardless of any divorce proceedings. In Wisconsin, the court must consider the Survivor Benefit Plan when making decisions about the division of marital property in a military divorce. The court must find that it was not intended to be an asset to be split between the spouses, and as such, it is often treated separately from other marital assets. The court may decide that the service member compensates their spouse by allocating other marital assets, such as retirement accounts, to the spouse in lieu of the Survivor Benefit Plan. In most cases, the Survivor Benefit Plan may not be assigned to the non-service member. This means that the service member will continue to receive the monthly benefit even after the divorce is finalized. The non-service member, therefore, will not be eligible to receive any of the benefits associated with the Survivor Benefit Plan. Overall, the Survivor Benefit Plan is an important factor to consider in a military divorce. In Wisconsin, it is not typically divided between the spouses, and the service member will continue to receive the monthly benefit. It is crucial for the spouses and their respective attorneys to discuss how the Survivor Benefit Plan may affect the division of assets in a military divorce before any court proceedings begin.

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

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