Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

    • Home
    • Black & Graham Site
    • Family Law Guide
    • About Carl
    • Contact

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 Divorce Guide
    • Jurisdiction Over Servicemembers
    • Division of Military Retirement
    • VA Disability & Divorce
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
    • Former Spouse Military Benefits
    • Garnishment of Military Pay
    • Servicemembers Civil Relief Act (SCRA)
    • Domestic Violence
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • Paternity & The Military

SBP Suspension or Termination

  • Insurance
  • Military Retirement
  • SBP
  • Survivor Benefit Plan

Coverage for a former spouse is suspended if he/she remarries while under 55, during the period of the remarriage. The premiums are also suspended, effective the first day of the month after remarriage, as long as DFAS is provided with written notification and a copy of the former spouse's marriage certificate.

If the former spouse's remarriage ends by death or divorce, the coverage and premiums resume the first day of the month after the marriage ends.  The servicemember must provide DFAS with written notification and a copy of the divorce decree or death certificate terminating the former spouse's remarriage.

Remarriage by a former spouse over 55 does not affect coverage or premiums.

Only a former spouse's death terminates SBP coverage. Since federal law preempts state law, any decree which purports to terminate, rather than suspend, coverage upon a former spouse's remarriage is unenforceable.

 

Changing Former Spouse Coverage

DFAS can change former spouse coverage only under following circumstances:

  1. If election was made pursuant to court order, provide DFAS with a certified copy of a subsequent court order relieving the servicemember of the obligation to cover the former spouse.
  2. If the election was made by written agreement between the parties not adopted by a divorce court, provide DFAS with the former spouse's written acceptance of the change.
  3. If the election was made voluntarily by the servicemember, and not as part of an agreement or dissolution, the servicemember can change it without the consent of the former spouse. However, DFAS will provide the former spouse with notice of the change.
  4. Upon the death of the former spouse, provide DFAS with a copy of the former spouse's death certificate.

 

Contact DFAS

DFAS
U.S. Military Retirement Pay
PO Box 7130
London, KY 40742-7130
FAX: 1-800-469-6559

‹ SBP Premium Payment Responsibility up Military Family Support ›
  • Printer-friendly version
  • Email this page
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.

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 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).  Login