The Survivor Benefit Plan deadline

Why this matters more than the pension share itself

Military retired pay stops at the member’s death. A decree awarding you half the pension does not, by itself, survive them.

The Survivor Benefit Plan is the annuity that continues a portion of that pay to a former spouse. It is the load-bearing protection on a military pension, and it is the thing most often missed.

Coverage has to be elected, and you can do it yourself

Former-spouse SBP coverage does not attach automatically because a decree says so. Someone has to file it.

If the order requires former-spouse coverage, the former spouse can file what is called a deemed election directly with DFAS rather than relying on the service member to do it. Under federal law that request generally must be submitted within one year of the court order requiring the coverage.

Missing that window can be permanent. Coverage may be forfeited regardless of what the decree says.

• Do not assume the service member has filed it
• Do not assume your attorney has filed it
• Confirm in writing that DFAS has it, and keep the confirmation

If your divorce was recent, check this first

This is the one item on a military divorce that has a hard clock on it. Everything else can be corrected later at some cost. This one may not be correctable at all.

If you are inside the year, it is worth confirming today. If you are outside it, there may still be options worth asking counsel about, and it is worth knowing where you stand rather than assuming.