Category:
Retired Pay

Subcategory:
Survivor Benefit Plan

Created:
2011-03-01

Modified:
2011-03-01

Can annuitants use coverage for new spouse after divorce

Question

Will my former spouse's SBP coverage be stopped if I remarry and want to provide coverage for my new spouse?

Answer

It depends. If you voluntarily elected former spouse SBP coverage and there is no court order or agreement requiring it, you may change the coverage to your new spouse or dependent child after you remarry or within one year of acquiring a dependent child. However, coverage ordered by a court or written agreement cannot be stopped at your request alone. Court-ordered former spouse coverage may be changed to spouse coverage only if you remarry and you furnish DFAS a certified copy of a court order that modifies the provisions of all previous court orders and removes any requirement to provide former spouse SBP coverage. Former spouse coverage can also be changed if your former spouse dies. 


If the former spouse SBP is based on a written agreement that has not been incorporated, ratified or approved by a court order, you must furnish DFAS a statement signed by you and your former spouse, which evidences your former spouse's agreement to an election change. In addition, you must certify either the court order is valid and in effect or the statement is current and in effect.

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