I’m often asked by the non-military spouse what impact remarriage would have on their former spouse retired pay and former spouse SBP coverage. The answers differ.
Remarriage has no impact on the entitlement to former spouse retired pay. The former spouse’s share of military retired pay is their separate property.
Remarriage can have a dramatic effect on former spouse SBP coverage. If remarriage occurs prior to age 55, then eligibility for former spouse SBP coverage is suspended. Should the marriage end by death, divorce or annulment, then eligiblity is reinstated. If remarriage occus at age 55 or later, then eligibility for former spouse SBP coverage is not affected one bit. Consult a qualified military divorce attorney if you have additional questions.
Author Jim Cramp is a retired active duty colonel and principal attorney at the Cramp Law Firm. The Cramp Law Firm provides a spectrum of family-related legal services in the greater San Antonio Region.