Military Survivor Benefit Plan

North Carolina Divorce Law Divorce and Separation Answers
1

My husband retired from the military in Feb 2003 and designated me as his beneficiary for the Survivor Benefit Plan. (Pension is not an issue or involved)

We have separated everything and have no loose ends - our Separation Agreement is therefore simple and simply states that fact. (no children-no alimony, etc.) The one issue that it does specifically mention, is that husband will continue to maintain monthly payments to the Military Survivor Benefit Plan and that any Divorce Decree will order him to provide a “deemed election” to the Defense Finance and Accounting Service.

My question is: Since our Sep. Agreement contains that agreement, couldn’t we just ask that the Sep. Agreement be incorporated in the final divorce decree? Even though it isn’t even Life Insurance does there need to be an ED Order also?

2

DFAS provides that former-spouse coverage can be established if the member was required by a court order to provide former-spouse coverage, or the member agreed in writing to provide former-spouse coverage. If you have a written separation agreement, this should suffice, but to be sure I would incorporate this into your divorce decree so you also have a court order on the same. You could also separately file for ED and enter an order on ED that includes provisions you agreed to in your separation agreement.