What happens if the court orders a Retired Soldier to provide former spouse SBP in a divorce?
If you have spouse SBP coverage, the court may award former spouse SBP in a divorce. You have one-year from the date of the divorce to request former spouse SBP coverage either voluntarily or court ordered. Requests for former spouse SBP must be submitted to the Defense Finance and Accounting Service (DFAS) on a DD Form 2656-1 (SBP Election Statement for Former Spouse Coverage) with a copy of the divorce decree with any subsequent court orders. Former spouse SBP premiums are retroactive to the date of divorce. Court ordered former spouse SBP can only be stopped if the court order is amended to show you no longer are required to have former spouse SBP or the former spouse dies. Remember, if you do not comply with a court order to change your SBP election to former spouse within one year of the divorce, the law precludes you from electing former spouse SBP and you may be held in contempt of court.