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The Deadline
Electing former-spouse coverage within the strict window after the divorce, before it closes.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Military Divorce / Survivor Benefit Plan
Survivor Benefit Plan · Virginia
One election, and the clock is running.
Military retired pay normally stops when the service member dies. The Survivor Benefit Plan is what keeps a former spouse's share alive past that point, but the election can be close to permanent, and the deadline to make it is short. We handle it deliberately, before the door closes.
First call is a conversation, not a commitment.
The Short Answer
The Survivor Benefit Plan continues paying a portion of military retired pay to a beneficiary after the service member dies. It matters because retired pay normally stops at death, so without SBP coverage a former spouse's share can end entirely. The election has to be addressed deliberately, before deadlines close the options.
How It Works
A share that outlives the member.
Here is the problem the Survivor Benefit Plan solves, and it catches people off guard. When you divide military retirement in a divorce, the former spouse gets a share of the retired pay. But that retired pay stops the moment the service member dies. Without something more, the former spouse's share dies with it. Years of negotiation over the retirement award can evaporate overnight.
What the SBP does
The Survivor Benefit Plan is an annuity that keeps paying a portion of the retirement to a designated beneficiary after the member's death. In a divorce, a former spouse can be named the beneficiary, which protects their share against the member dying first. It is, in effect, the insurance policy on the retirement award. Without it, the award is only as durable as the member's lifespan.
The election can be permanent
This is what makes the SBP so unforgiving. Once an election is made, it can be close to permanent, and the opportunity to elect former-spouse coverage runs on a strict deadline after the divorce. Miss that window and the option may be gone for good, with no way to reopen it later. This is not a decision that can be deferred and revisited; it has to be made correctly and on time, as part of the divorce itself.
Remarriage and age 55
There is a further wrinkle that surprises many former spouses. Remarrying before age 55 can cause a former spouse to lose SBP coverage, while remarrying at or after 55 is generally treated differently. Because the age at remarriage can determine whether the coverage survives, it is something to understand clearly before making personal decisions that could unknowingly forfeit a valuable benefit.
Why the deadline is the whole game
Almost everything about the SBP comes back to timing. The election has a strict limit after the divorce, the choice is hard or impossible to undo, and the consequences of missing it are severe and permanent. We treat the SBP as one of the first things to address, not the last, so the long-term value of a retirement award is actually protected rather than quietly lost to a calendar.
What it isAn annuity continuing part of retired pay to a beneficiary after death.
Why it mattersRetired pay stops at death; without SBP a former spouse's share ends.
The catchThe election can be close to permanent and runs on a strict deadline.
RemarriageRemarrying before age 55 can end coverage; at or after 55 differs.
Our approachAddress it deliberately and on time, as part of the divorce itself.
A Deadline That Does Not Forgive
Electing former-spouse SBP coverage has a strict time limit after the divorce. Miss it, and a spouse can be left with a share of retirement that simply ends when the member dies. This is why it cannot wait.
Note: SBP election rules, deadlines, and the age-55 remarriage provision are federal and detailed; confirm the current rules as applied to your situation.
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about the SBP.
"This is the one I lose sleep over. A missed SBP deadline is not a setback you can argue your way out of later. It is just gone."
Having been a military spouse myself, I understand exactly what is at stake here, because it is the spouse who is usually left exposed. You can negotiate a beautiful share of the retirement and watch it vanish the day the member dies if no one set up the Survivor Benefit Plan. And unlike most things in a divorce, you often cannot fix it after the fact. So I treat the SBP as one of the very first conversations, not a footnote at the end. I want the election made on time, the beneficiary named correctly, and the order written so it is required. And I make sure former spouses understand the age-55 remarriage trap before they make a decision that could quietly cost them everything.
Questions Families Ask
Plain answers about the Survivor Benefit Plan.
These are the questions service members and spouses ask most about the SBP. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is the Survivor Benefit Plan in a military divorce?
The Survivor Benefit Plan (SBP) continues paying a portion of military retired pay to a designated beneficiary after the service member dies. In divorce it matters because military retired pay normally stops at the member's death, so without SBP coverage a former spouse's share of that retirement can end entirely. The election has to be addressed deliberately, before deadlines close the options.
Can an SBP election be changed later?
Often not. An SBP election can be close to permanent once made, and the chance to elect former-spouse coverage runs on a deadline. If that window is missed, the option to protect a former spouse's share may be gone for good, which is why it should be handled at the time of the divorce rather than afterward.
Does remarriage affect SBP coverage?
It can. A former spouse who remarries before age 55 may lose SBP coverage, while remarriage at or after 55 is generally treated differently. Because the age at remarriage can determine whether coverage continues, it is an important factor to understand before making decisions.
Why is the SBP deadline so important?
Electing former-spouse SBP coverage has a strict time limit after the divorce. Miss it and a former spouse can be left with a share of retirement that simply ends when the member dies. Addressing the election deliberately and on time is what keeps the long-term value of a retirement award intact.
When You Are Ready
Protect the share past the deadline.
Tell us where things stand, and we will make sure the Survivor Benefit Plan election is handled deliberately and on time, before the window closes. Three offices across Northern Virginia, one phone number.