★★★★★  Army JAG Veteran · Serving Columbus & Fort Benning Schedule Consultation: 706-494-6900
Request Consultation

The Survivor Benefit Plan Deadline in a Military Divorce

November 10, 2026 · By Scot Sikes

The Survivor Benefit Plan Deadline in a Military Divorce — Law Offices of Scot Sikes, Columbus, GA

Quick answer: If a military divorce decree awards the former spouse Survivor Benefit Plan (SBP) coverage, the election must be completed with DFAS within one year of the divorce. The service member can make the election, or the former spouse can request a “deemed election” by sending a written request (DD Form 2656-10) and a copy of the court order to DFAS within one year. Miss that year and the coverage can be lost permanently, even though the decree awarded it.

What SBP Does

Military retired pay stops when the retiree dies. The Survivor Benefit Plan provides a monthly annuity to a designated beneficiary after the retiree’s death, generally 55 percent of the base amount the retiree selected. Without SBP, a former spouse’s share of retired pay ends at the retiree’s death.

Only One Spouse Can Be Covered

SBP coverage for a spouse and coverage for a former spouse generally cannot both be in place at the same time. If a retiree elects former spouse coverage, a later spouse generally cannot also be covered. That makes SBP a significant negotiating point, especially for a service member who may remarry.

The One-Year Deadline

Federal law sets two ways to establish former spouse coverage after a divorce:

  • Member election. The service member or retiree elects former spouse coverage within one year of the divorce decree.
  • Deemed election. If the decree requires the coverage and the member does not make the election, the former spouse can request a deemed election in writing, with a copy of the court order, within one year of the date of the order.

The Defense Office of Hearings and Appeals has repeatedly denied claims from former spouses whose decrees awarded SBP but whose elections were not received within the year. Relief after that is limited to discretionary record-correction boards. Do not rely on the other party to file. If you are the former spouse, file the deemed election yourself, keep proof of delivery, and confirm DFAS received it.

Cost and Other Terms

SBP premiums are deducted from retired pay. The decree should say who bears the cost, the base amount (full retired pay or a smaller amount), and what happens if the former spouse remarries. Under SBP rules, a former spouse who remarries before age 55 generally loses eligibility while that marriage lasts.

If the Member Is Not Retired Yet

For active-duty members, the decree should still address SBP so coverage can be elected at retirement. Reserve component members have a separate Reserve Component SBP with its own election rules. The decree language needs to match the member’s component and status.

Checklist

  • Address SBP expressly in the settlement and decree.
  • State the base amount and who pays the premium.
  • File the election or deemed election with DFAS well before the one-year deadline.
  • Keep copies and delivery confirmation.

Talk With Scot Sikes

If SBP is part of your military divorce, Scot Sikes can make sure the decree is drafted correctly and the election is filed on time. Consultations with Scot Sikes are $200. Call 706-494-6900 or send the office a message to schedule.

Frequently Asked Questions

How long do I have to elect SBP after a military divorce?

One year from the date of the divorce decree. The member can elect former spouse coverage, or the former spouse can request a deemed election within one year of the court order.

What happens if the SBP deadline is missed?

DFAS can deny the coverage even though the decree awarded it. Relief after the deadline is generally limited to discretionary military record-correction boards.

How much does SBP pay a former spouse?

The annuity is generally 55 percent of the base amount the retiree selected. The decree should state the base amount and who pays the premium.

Can a retiree cover both a current spouse and a former spouse under SBP?

Generally no. Spouse and former spouse coverage cannot both be in place at the same time, which is why SBP is a key negotiating point.

Keep Reading

About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.

Last updated November 2026. Sources: 10 U.S.C. §§ 1447–1455 (Survivor Benefit Plan), including § 1448(b)(3) (former spouse election) and § 1450(f)(3) (deemed election); DD Form 2656-10; DOHA Claims Appeals Board decisions applying the one-year deadline. This article is general information about Georgia law, not legal advice for your situation.

Questions About Your Situation?

Call the Law Offices of Scot Sikes at 706-494-6900 or request a consultation.

Skip to content