“Am I entitled to survivor’s benefits when I get divorced?” is a common question, and certainly an important one to educate yourself about.
Death terminates military pension payments to a former spouse unless there has been an election made to obtain survivor’s benefits. There will be no further payments of retirement pay after the death of a service member to the Spouse or any family members.
What are Survivor’s Benefits?
The Survivor’s benefit provision is an annuity program that allows retired active-duty service members to provide continued income to specify beneficiaries at the time of their death.
It can not be divided between a current spouse and a former spouse. A spouse loses eligibility as a survivor’s benefit beneficiary upon divorce since she or he is no longer a spouse but rather a former spouse unless this election is made at the time of the Divorce and the Spouse is eligible to receive the benefits.
The spouse is still covered throughout the marriage up until the time the judgment is entered, and once the marriage is dissolved and the spouse is officially divorced, the election must occur immediately after the Divorce at the same time that the Pension is being prepared.
If you have any questions please feel free to shoot me an email or give us a call.