Georgia Military Divorce and Survivor Benefit Plans

Military divorce cases in Georgia often involve complex legal issues related to the division of military pensions and benefits. Survivor Benefit Plans (SBPs) are an essential aspect of military pensions that need to be considered in divorce cases involving military personnel. This post will provide an overview of SBPs and how they factor into military divorce cases in Georgia.

What is a Survivor Benefit Plan?

A Survivor Benefit Plan (SBP) is a type of insurance that provides ongoing financial support to the surviving spouse or eligible children of a deceased military retiree. The SBP is a type of annuity that pays out a monthly benefit to the beneficiary in the event of the retiree’s death. The SBP is typically offered as part of a military retirement package and is funded by the retiree’s pension contributions.

How Do Survivor Benefit Plans Factor into Military Divorce Cases?

In a military divorce case, the SBP is an important aspect of the division of military pensions and benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement. This includes the SBP.

If a retiree has elected to participate in the SBP, the retiree’s former spouse may be entitled to a portion of the SBP benefit as part of the divorce settlement. The amount of the SBP benefit that the former spouse is entitled to will depend on the specific terms of the divorce settlement and the provisions of the USFSPA.

How is the SBP Benefit Calculated in a Military Divorce Case?

In a military divorce case, the SBP benefit is typically calculated based on the length of the retiree’s military service and the amount of the retiree’s pension contributions. The former spouse’s share of the SBP benefit will be determined by the divorce settlement agreement and may be based on a percentage of the total benefit or a fixed dollar amount.

It is essential to work with a military divorce attorney who understands the specific rules and regulations related to the SBP and other military benefits. An experienced attorney can help you negotiate a fair and equitable divorce settlement that takes into account all of the factors involved in your case, including the SBP.

Can a Former Spouse Lose Their SBP Benefit?

In some cases, a former spouse may lose their SBP benefit if they remarry before age 55. The SBP benefit is typically paid out for the lifetime of the beneficiary or until they remarry before age 55. If the former spouse remarries before the age of 55, they may lose their SBP benefit.

However, if the former spouse’s remarriage ends due to divorce, death, or annulment, they may be eligible to receive the SBP benefit again. It is essential to work with a military divorce attorney who can advise you on the specific rules and regulations related to the SBP and other military benefits.

The Help You Need

Survivor Benefit Plans (SBPs) are an essential aspect of military pensions that need to be considered in military divorce cases. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement, including the SBP. The SBP benefit is typically calculated based on the length of the retiree’s military service and the amount of the retiree’s pension contributions. An experienced military divorce attorney can help you negotiate a fair and equitable divorce settlement that takes into account all of the factors involved in your case, including the SBP.

At The Nye Law Group, we have a team of skilled and experienced military divorce attorneys who can help guide you through the legal process and protect your legal rights. Call us at (912) 207-7068 or use the online contact form to schedule a free consultation. We understand the unique challenges involved in military divorce cases and are committed to helping our clients.