Legal advice concerning Survivor Benefit Plans

On behalf of Stange Law Firm, PC posted in Military Divorce on Sunday, March 20, 2016.

If you are at all familiar with military divorce, you probably know that it is significantly more complicated than non-military divorce for a variety of reasons, not the least of which is having to determine where to file. Some of the factors that contribute to the complexity of military divorce include additional assets that must be determined as part of the divorce, and the rules that govern these assets and their division.

The 10/10 rule is an example of a rule that affects the way assets are divided, and an example of an additional issue that divorce must tackle is a Survivor Benefits Plan. An SBP essentially allows beneficiaries to gain additional finances after the death of a service member. This is important because when a service member dies, any retirement pay comes to a halt. So if you depend on retirement pay for spousal or child support, the SBP could be crucial to your lifestyle.

Of course, whether or not a person is entitled to SBP payment is questionable when it comes to divorce, because if the provision is not included in the divorce agreement, there is a chance that an ex-spouse may be unable to recover additional money. If you have primary custody of a military service member?s child, and the money from SBP would be crucial to the continued development of the child, then the child could be named as a beneficiary, even if you are divorced.

There are many complications brought about by military life. These complications can often put a strain on a marriage and test the bond beyond its limit, resulting in divorce. However, the complications do not stop with just the lifestyle; they can extend well into the divorce process and possibly beyond. That is why Missouri residents are encouraged to visit our web page to learn more about how military life and military divorce can affect their family life.

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