Most Survivor Benefit Plan disputes are not really arguments about money, they are arguments about a deadline that quietly passed. The SBP pays a monthly annuity to a survivor after a retiree dies, and in divorce cases it can be awarded to a former spouse. The trouble is that a court order saying a former spouse “shall receive” SBP does not, by itself, make it happen. Someone has to file the right form in time, and when no one does, a military legal assistance attorney is often brought in to untangle what is left.
The deadline that drives most disputes
When a divorce awards SBP coverage to a former spouse, the retiree is supposed to elect that coverage with the Defense Finance and Accounting Service (DFAS). If the retiree fails or refuses to do so, the former spouse has a protective option: a deemed election.
Two facts decide nearly every former-spouse SBP case:
- The deemed election is made by submitting DD Form 2656-10 to DFAS.
- It must be filed within one year from the date of the court order awarding SBP, which is often, but not always, the divorce date.
An attorney guiding a former spouse treats that one-year clock as the central fact of the matter. Miss it, and the strongest court order can become unenforceable against the retired-pay center.
Why the wording of the order matters
A second, subtler problem is the language of the divorce judgment. An order that merely states a former spouse should have SBP, without imposing an affirmative duty on the retiree to make the election, leaves the former spouse exposed. Attorneys drafting or reviewing these orders look for language that both awards the coverage and obligates the service member to elect it, the “belt and suspenders” approach that pairs the court order with the former spouse’s own deemed-election right.
When the deadline is already missed
If the one-year window has closed, the situation is harder but not always hopeless. The Board for Correction of Military Records (BCMR) for the relevant service branch can sometimes correct the record. That request generally must be made within three years of the error or of its discovery, for example, the entry of a divorce or pension-division order without anyone following up by submitting the decree to the retired-pay center.
What the attorney actually does
In practice, the guidance falls into a few concrete tasks:
- Confirming coverage status with DFAS so everyone knows what is actually on file, not what the order assumed
- Filing or advising on DD Form 2656-10 within the one-year window
- Reviewing the decree’s language for an enforceable election duty
- Pursuing a BCMR correction when a deadline has lapsed
Take a surviving spouse who did not enroll after a retiree’s death: the attorney checks whether the one-year deemed-election window, or a correction-board filing within three years, can still secure the annuity.
The thread running through all of it is time. SBP disputes reward whoever acts first and on schedule, so a former spouse or retiree with questions should verify the coverage and the deadlines early rather than assuming the court order took care of itself.
Frequently Asked Questions
Is SBP coverage automatic, or does it have to be elected?
Coverage for a spouse is generally addressed at retirement through an election, and former-spouse coverage must be elected or deemed. It is not something that simply attaches without action, which is why the deadlines matter so much.
Does SBP end if a surviving spouse remarries?
Remarriage can affect a survivor annuity depending on the survivor’s age at remarriage. Because the rules turn on specific age thresholds, an affected survivor should confirm their situation with DFAS.
Can SBP and VA survivor benefits be received at the same time?
The interaction between SBP and certain VA survivor benefits has changed in recent years. Because the offset rules have been revised, survivors should verify current treatment with DFAS and the VA rather than relying on older guidance.
This article is general information about the Survivor Benefit Plan and related disputes. It is not legal advice and does not create an attorney-client relationship. Forms, deadlines, and correction procedures can change and depend on the specific facts and court orders involved. Affected individuals should confirm current requirements with DFAS and consult a legal assistance or qualified civilian attorney.
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