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A military survivor benefit plan is akin to term insurance barring a few differences. One of the differences is unlike term insurance SBP coverage does not stop because of a person’s age. It also provides an inflation adjusted annuity for the life of the spouse or other eligible dependants. It is a way to protect someone’s spouse after their death. Without it, as soon as the retiree dies, the military retirement will also stop. This article provides answers to some of the most commonly asked questions about issues related to this. If an ex wife is named on someone’s survivor benefit plan and the ex husband dies, will the benefits be moved to the current spouse?
Only one person is eligible to receive the benefits. If one with the plan dies, the benefits will go to the ex spouse. Once the ex spouse is deceased, all the benefits will stop. In case the previous spouse dies before they do then they can go to the Defense Finance and Accounting Service and request to enlist the current spouse to be named the beneficiary. If someone is married for 20 years as well as served in the military for 20 years, is the soon to be ex spouse entitled to the survivor benefit plan and Military ID?
They would have to meet the 20/20/20 rule. They will have to be married to a person in the military for at least 20 years and have an overlapping military service of at least a period of 20 years. The right to Tricare, a military ID card and the px/commissary and other basic privileges that come along with a military ID will not come as automatic entitlement. The state court will decide in the divorce decree. As per Uniform Service Former Spouse Protection Act the state court has been given the authority to divide the military retirement, but it does not specify the exact amount. The court has the right to grant them 50% or even 0%. Is it possible for someone in Florida to sue their lawyer for not informing them about the one year deadline for a survivor benefit plan?
If the lawyer really missed to mention the statute of limitation regarding the benefit plan then they are liable to be charged with legal malpractice. The person can file an ethics complaint with the Florida State Bar Association and a civil suit. What will happen to a person’s survivor benefit plan if they marry after the age of 55?
If someone decides to remarry before the age of 55 while receiving survivor benefits, their benefits will be suspended. However, if they do so at the age of 55 or over, it is not legally necessary to suspend a person’s benefit plan because of remarriage. After the retirement from any job or an active duty in the military, people start thinking of some sort of financial security like survivor benefit plan. Very often they adopt such a plan to provide security to their spouses and children once they die and can no longer provide for the family. There are many laws and bylaws governing benefit plans which might sometimes be difficult to understand for the lay person. If you are faced with such a situation, it is better to ask a military lawyer to decide the best course of action and act accordingly.
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