Former Spouse Deemed Election for Survivor Benefit Plan

Jacksonville Military Divorce Attorney Maria Rogers, P.a. On The Deemed Election SBP

As a Duval County family law and divorce lawyer whose clients include active members of the military, military reservists, retirees, and their spouses and former spouses, I recognize that there is often confusion and misunderstandings with regard to former spouse deemed elections for Survivor Benefit Plans.

Representing Members of the US Army

Attorney Maria Rogers represents military members and dependents stationed in Northern Florida, as well as military personnel and dependents who are currently deployed but who have marriage or family law matters to resolve in the state of Florida. With extensive experience in Florida family law, Attorney Rogers can guide you through the divorce process, even if you are living out of state or are deployed or stationed overseas.

Facts About the Deemed Election for Survivor Benefit Plan

If you are a current or former member of the military or the spouse of a current or former member of the military and are recently divorced or considering a divorce there are a few key concepts regarding the former spouse deemed election for Survivor Benefit Plan that you should understand. What this plan does is allows a former spouse to collect military and death benefits from a current or former member of the armed forces as though they were still spouses. This may be ordered by the courts as a part of a divorce settlement or it can be elected as an option by the member receiving benefits. In either case, the former husband or wife has one year from the entry of the final judgment to make the deemed election for Survivor Benefit Plan to secure military retired pay. Any further delay will cause the ex-spouse to forfeit his or her claim on the benefits.

Additionally, it’s important to remember that:

  1. Your current spouse is not eligible for benefits as long as your former spouse is under the SBP
  2. If you are ordered by the court as a part of a final judgment to apply for a former spouse deemed election on behalf of your ex-husband or ex-wife and you fail to do so, you may be held in contempt.
  3. If the your marital settlement agreement or the court orders a spouse to be the beneficiary of the SBP, that election must be made within ONE YEAR of the date of the entry of the Order or Final Judgment.
  4. The annuity base amount is critical in the determination of the amount a surviving spouse will received upon the death of the military service member.

Duval, St. Johns, Clay Baker, and Flagler County Military Divorce Lawyer

If you are an active member of the Army, Navy, Air Force, Marines, or Coast Guard stationed in Florida; a reservist; or a retiree, both your military benefits and the laws affecting the dissolution of your marriage make your situation much different than a civilian’s. The same applies if you are the spouse of a current or former member of the military. If you are a spouse of a military member and are involved in the divorce process, contact the Law Office of MaRia Rogers, P.A. to ensure that your Survivor Benefit annuity is secured.

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Our legal services include everything from helping with simplified divorce or presenting contested divorce cases. Regardless of your needs, FLA Legal Professionals can help. Call 855-351-9810 for more information or to set up an appointment.