Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Survivor Benefit Plan (SBP)

  • Insurance
  • SBP
  • Survivor Benefit Plan

Think of the Survivor Benefit Plan (SBP) as an insurance policy, focused on protecting a survivor's income flow from the military retirement if the retiree dies first.  It has a premium, and a payout in the form of a monthly payment from DFAS.

Without SBP, if the retiree dies, the military retirement stops as well.  However, to protect a surviving former spouse's share of military retirement after a Colorado divorce or legal separation, family courts can require a servicemember to elect former spouse SBP coverage.

As the retiree can only have one beneficiary (except for children coverage, outlined in more detail below), one effect of court-ordered SBP coverage for a former spouse is that if the service member remarries, the new spouse or children are precluded from coverage.

 

Amount of SBP Coverage

In the event of the servicemember's death, the former spouse receives a monthly payment of 55% of the designated base amount.  This designated base amount is an amount not greater than the servicemember's full gross retired pay, and not less than $300 per month. Spousal consent or a court order is required to elect less than maximum coverage. 10 U.S. Code §1448(a)(3)(A).

Previously, there was a coverage reduction to 35% upon the survivor's 62nd birthday.  However, that reduction was phased out over several years, and fully eliminated as of April 1, 2008.

So how do you calculate the base amount necessary to provide sufficient coverage?  This takes a little algebra.

  • Assume the former spouse share of the retirement comes to $650 in the year of the retirement.
  • That $650 is 55% of the necessary base amount.
  • Formula:  $650 / 0.55 = $1181.82.  That's the base amount necessary to provide $650 coverage.

The coverage is indexed to inflation, so increases annually with a COLA.

 

SBP Details:

 

  • SBP Beneficiaries
  • SBP Election
  • SBP Premium Costs
  • SBP Premium Payment Responsibility
  • SBP Suspension or Termination
‹ Disability Severance Pay up SBP Beneficiaries ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login