Many servicemembers elect the Survivor Benefit Plan (SBP) at retirement to provide a monthly income for their eligible beneficiary(-ies) upon their death. However, it’s important to understand the implications of remarriage before and while receiving the SBP annuity payment.
Spouse Coverage
Spouse coverage is typically the primary SBP option when a servicemember retires. It is intended to provide a lifetime of monthly income to the spouse of a retiree upon their death. However, if the surviving spouse remarries before age 55, the SBP annuity payment will stop. It is important to know that if this marriage later ends for any reason, the annuity payment can be applied to restart from the date the marriage ends.
Former Spouse Coverage
The SBP Former Spouse Coverage allows military retirees to provide financial protection to a former spouse after divorce. This lets the former spouse receive benefits similar to those available to a current spouse. In the majority of cases, the divorce decree stipulates the military retiree must provide the SBP annuity to the former spouse.
If the Servicemember Remarries
If a military retiree remarries after a divorce, the new spouse can be covered under the SBP. However, if the retiree had elected former spouse coverage, the new spouse would not be eligible for SBP benefits. To make the new spouse eligible for benefits, the retiree must change the election to cover the new spouse instead of the former spouse. The change requires the former spouse's consent or death certificate, or a court order to ensure that all parties involved are aware of and agree to the changes.
If the Former Spouse Remarries
If the former spouse remarries before age 55, SBP payments will be suspended. This suspension remains in effect throughout the remarriage. However, if the subsequent marriage ends due to divorce or the death of the new spouse, the former spouse may have the SBP payments reinstated.
If Both People Remarry
If both the military retiree and the former spouse remarry, the servicemember may choose to continue SBP coverage for the former spouse or switch the coverage to the new spouse, but not both.
For the new spouse to be covered under SBP, the servicemember must follow specific procedures to update their SBP election. The servicemember must notify the Defense Finance and Accounting Service (DFAS) and possibly provide legal documentation to make the change. The former spouse’s SBP coverage will cease once the new spouse is elected.
Surviving Servicemember
When a military retiree is widowed and then remarries, it affects their SBP.
If the retiree had previously elected SBP coverage for their deceased spouse, they can extend this coverage to their new spouse. This process requires updating the SBP election through DFAS to ensure the new spouse is designated as the beneficiary.
SBP coverage for the new spouse becomes effective one year from the date of the new marriage automatically once the marriage is reported and the application and documentation requirements are met. The military retiree should complete the new SBP paperwork as soon as possible to avoid coverage gaps for their new spouse.
Note that if the military retiree declines SBP coverage for the new spouse at the time of remarriage, there will not be an opportunity to provide this coverage later.
AAFMAA Can Answer Your SBP Questions
AAFMAA Membership automatically includes Survivor Assistance Services to assist family members when the time comes. We’re here to help spouses navigate this challenging time, giving them peace of mind when they need it most.
Learn more about these and other benefits for AAFMAA Members.
This article was originally published December 11, 2019.