Military SBP in Colorado Spring - Deadlines and Procedures

In an earlier article, we read about the Survivor Benefit Plan (SBP), and how former spouses can avail of the benefits of this scheme. However, not many know exactly how this is achieved. There are specific procedures and deadlines that need to be met in order for former spouses to ensure that they receive the benefits they are entitled to.

This article provides a brief overview of how to go about it. But a Colorado Springs military divorce attorney is the best person to handle the procedures and paperwork for you - just to be sure that you don't get caught in a technicality. What follows is just an outline to give you an idea of what happens.

Selecting former spouse coverage

In the case of a court order where the Service Member (SM) is ordered to provide SBP coverage to the former spouse, the procedure is that the SM must select the "Former Spouse Coverage" option when filling out the SBP forms. If he or she fails to do this, they will be held in contempt of court.

In case an SM has already retired and is ordered to provide SBP coverage to his or her former spouse, they have one year from the date of divorce to do so. They need to select former spouse coverage in the applicable form.

The "Deemed Election" request letter

Cases may arise where coordination between the two divorced parties is problematic. The former spouse may have no way of knowing whether or not the SM has fulfilled the formalities to pass on SBP coverage. In this case, he or she can issue a document called a "Deemed Election" request letter to the Defense Finance and Accounting Service (DFAS) department.

This deemed election letter will tell the DFAS that a court order has been generated granting the former spouse SBP coverage. A copy of the court order needs to be attached. In case the SM neglects to select the appropriate option when the time comes, the deemed election letter will override the SM's choice and implement the court order instead.

This deemed election letter must be submitted within one year of the court ordered SBP coverage.

Hiring an attorney

Due to the complexities in the paperwork regarding SBP, it's very important to hire a competent Colorado Springs divorce attorney who will be able to get the job done. Our Clawson & Clawson attorneys have experience in this area and are specially trained to handle these situations. Contact us for a free initial consulation.