An award of military retired pay does not necessarily provide income after the member dies. Military pension payments and Survivor Benefit Plan coverage address different risks.
If continuing income after death is part of the intended settlement, survivor protection must be considered expressly. It should not be left to an assumption that “half the pension” includes every related benefit.
The Survivor Benefit Plan is an annuity program that can provide payments to an eligible designated beneficiary after the member’s death. The coverage category, selected base, eligibility rules, and elections determine the protection.
Former-spouse coverage is distinct from ordinary spouse coverage. A divorce can require action even if the parties intend the same person to remain protected. Existing election documents and the member’s retirement status should be reviewed before the judgment is signed.
Important issues include whether coverage is required, the intended beneficiary category, the selected level of protection, allocation of premiums, and responsibility for completing and submitting the necessary documents.
The premium can affect the disposable retired pay being divided. Its economic allocation should be understood rather than hidden in a pension percentage.
Rutter’s general discussion emphasizes that retirement orders must respect the plan’s governing terms. A state-court provision cannot force a federal program to supply benefits beyond its lawful authority.
A court may order a member to provide coverage, but the administrative election process still matters. In appropriate circumstances, a former spouse may need to pursue a deemed-election procedure rather than rely on the member’s promise to act.
The deadlines are not interchangeable. DFAS states that a member electing former-spouse SBP coverage after retirement must do so within one year of the divorce decree. A former spouse seeking a court-ordered deemed election must submit the request within one year of the order requiring that coverage, even when the divorce occurred earlier. The member’s retirement status and the actual order must be reviewed to identify the required action. A proper deemed-election request includes the required documents and DD Form 2656-10; sending a divorce decree alone is not enough. See DFAS former-spouse SBP guidance.
Obtain written confirmation of what the administrator accepted. Keep copies of submissions, delivery records, election acknowledgments, and subsequent account statements.
Life insurance may be discussed as an alternative or supplement, but it has different costs, lapse risks, beneficiary issues, and duration. It should not be described as economically identical without analysis.
Suppose a former spouse receives an awarded share of monthly retired pay and relies on it for housing expenses. The award does not by itself create a separate annuity after the member dies. Survivor protection needs its own analysis of eligibility, the covered beneficiary, and the elected base.
That is the practical reason to discuss SBP before settlement. The question is not simply whether the former spouse receives retirement today. It is what income, if any, will remain available after the member’s death.
A premium deduction and a valid former-spouse election are related but different facts. The parties should obtain confirmation of the actual coverage category rather than assuming that any continuing deduction proves the intended former spouse is protected.
The settlement should also explain the economic allocation. A premium affecting the pension before division can change what both spouses receive. The selected base, benefit, premium treatment, and responsibility for compliance should be explained together.
Sometimes the parties consider insurance instead of, or alongside, SBP. The comparison should address premium affordability over time, coverage duration, lapse risk, and the beneficiary’s actual needs. An insurance policy with a different term and cancellation risk is not automatically equivalent to survivor coverage.
Sullivan examines these practical choices in The Military Divorce Handbook, third edition (2019), § 8.21. Rutter discusses military survivor benefits at paragraphs 8:209–8:211. Current administrative requirements should be applied to the member’s actual status.
Keep the order requiring coverage, the submitted election materials, evidence of timely submission, and the administrator’s response. The useful confirmation identifies the coverage actually established, not simply that a document was mailed.
If a response is unclear, address it while there is still an opportunity to supply information or seek appropriate relief. A court order and an accepted administrative election should not be treated as interchangeable evidence.
The member should also retain the coverage records. Clear documentation can prevent a later dispute about who was designated, what base was selected, and how the premium affected retired pay.
A properly completed file gives both spouses a dependable starting point if retirement, remarriage, or an administrative question later arises. It does not eliminate every future issue, but it avoids relying on memory or an old assumption that the divorce judgment handled everything.
Official sources · 10 U.S.C. § 1448 · 10 U.S.C. § 1450
Related Edgar & Dow guides · I Missed the Survivor Benefit Plan Deadline. What Can I Do Now?
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