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Survivor Status for Ex-Spouse
Sgt. Shaft | December 04, 2008

Dear Sgt. Shaft:

Thank you for some very informative columns. I am a retired sergeant major and would like to know: If I get divorced, can I stop paying into the Survivor Benefits Plan? If I can, what happens to the money I paid into it?

Thank you,
David K
Oakland Park, Fla.

Dear David:

Experts tell me that if you divorce your wife, her continued SBP eligibility will be determined by what the divorce decree says. If the divorce decree doesnīt mention SBP, you can suspend your coverage and stop paying premiums. If the divorce decree requires you to provide SBP, you would have to notify the Defense Finance and Accounting Service (DFAS), send it a copy of the divorce decree and make a "former spouse" election. You may be able to reduce SBP coverage to the minimum level if the decree does not address how much SBP you have to provide.

If you fail to notify DFAS, your former spouse can do it for you within a year of the divorce decree. She would make a "deemed election" for you based on the court order; you will have no say in the matter if she does that.

If neither one notifies DFAS within one year of the divorce or if the divorce decree doesnīt address SBP, you can suspend SBP coverage on your former spouse. Your coverage is only suspended; you pay no additional premiums, but you still are enrolled in the program. If you remarry, you can cover your new wife at the same level you covered your former spouse, you can raise the amount of your coverage if you do not elect the full amount, or you can cancel the coverage altogether. If you fail to notify DFAS within a year of any new marriage, a default election will be made for your new wife at the same level you elected for your former spouse. You will be charged premiums beginning on the first anniversary of your new marriage.

The premiums you already have paid go into the fund that supports the SBP program and are used to pay the annuities of widows/widowers whose military spouses didnīt live very long. There are no refunds. If you remarry, you get credit for all the premiums you paid into the fund if you cover your new wife.

Shaft notes:

The American Red Cross and Pitney Bowes Inc. are teaming up to send holiday cards to servicemen and -women in the United States and around the world. The program will end Dec. 10. The public is invited to send holiday cards with their messages of thanks and cheer to a special post-office box. The Red Cross and Pitney Bowes will then screen cards for hazardous materials, sort and package the cards and deliver them to military bases and hospitals, veterans hospitals and other locations during the holidays.

Holiday Mail for Heroes continues the Red Cross tradition of service to the armed forces, which includes handling emergency communications that link service members with their families back home and providing access to financial assistance from the military aid societies, counseling, referral to community resources and assistance to veterans. Pitney Bowes is providing all screening, packaging and shipping at no charge as well as providing thousands of volunteer hours from employees around the country.

"This opportunity is such a great way for the public to personally support the military and say a special thank you for their service this holiday season," said Gail McGovern, Red Cross president and chief executive officer. "I'm especially proud that the Red Cross is able to be a part of this effort, and I hope everyone will take the time to join us and send an extra card for the military."

"Pitney Bowes is proud to be working with the American Red Cross again to help Americans extend their well wishes and gratitude to the heroes who serve and protect our country," said Jon Love, president of Pitney Bowes Government Solutions. "Last yearīs program was a huge success, and we look forward to working with the public to reach even more wounded service members and their families this holiday season to show appreciation and support."

Holiday cards should be addressed and sent to:

Holiday Mail for Heroes
P.O. Box 5456
Capitol Heights, MD 20791-5456

Please be sure to affix adequate postage. Cards must be received no later than Dec. 10. Cards received after that date will be returned to senders. To help speed the sorting process and delivery of cards and notes before the holidays, mailers are encouraged to refrain from sending "care packages" or monetary gifts, using glitter or including any other inserts. For a full list of recommended guidelines and best practices, please visit Redcross.org/holiday mail. Cards also are available to print out from the Web site along with messages from Red Cross national celebrity cabinet members Dr. Phil McGraw and Nancy OīDell, co-anchor of "Access Hollywood." You also can leave a message on the Red Cross Service to the Armed Forces Facebook Wall.

The American Legion has launched an informative new website to help veterans and their families understand the Post-Sept. 11 GI Bill, which takes effect Aug. 1, and how it compares with other federal education benefits for veterans.

The site includes clear explanations of the different GI Bill benefits, news alerts and updates, frequently asked questions, state-by-state benefits and online application opportunities. The site also includes information about the American Legionīs historical and ongoing role in the evolution of veterans education benefits. The site will continue to evolve with new features and updated material every week.

Learn more about the New GI Bill on Military.com.

• Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax 301/622-3330, call 202/257-5446 or e-mail sgtshaft@bavf.org

Sound Off...What do you think? Join the discussion.


Copyright 2009 Sgt. Shaft. All opinions expressed in this article are the author's and do not necessarily reflect those of Military.com.

 
About Sgt. Shaft

Sgt. Shaft was hatched in April of 1982 at the home of the veterans' newspaper, Stars & Stripes, in Washington, D.C. This moniker combines the name of its creator, John Fales, Marine MOS in Vietnam and "Scout Sgt.," with the military expression when wronged, "Shafted."

Sgt. Shaft's wry sense of humor, empathy for the underdog, and strong love of country and fellow veterans closely mirror the nature of its creator.

In addition to writing the column, John Fales is President of the Blinded American Veterans Foundation. His decorations include Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal, National Defense Service Medal, Armed Forces Expeditionary Service Medal, New York State Conspicuous Service Medal, Presidential Unit Citation, Combat Action Ribbon, and South Vietnamese Cross of Gallantry. Sgt. Shaft has no twin.