I hate to get too technical, but I recently learned that there has been a significant change in the manner in which the Defense and Accounting Service will allow a continuation of payments to a former spouse after the military member/retiree dies. This SBP procedure used to be simple for the attorney. Previously, all that was needed was a timely letter from the attorney to DFAS requesting the election along with a copy of the court order and decree.
Guess what? After September 27, 2008, the ONLY manner such a survivor benefit election can be accomplished is by submitting to DFAS a completed DD 2656-10 form along with a copy of the decree. If the old approach is utilized, the election will NOT be valid. Click here to see a memo from the Under Secretary of Defense dated May 30. 2008, indicating the change.
The time perimeters have not changed. If the member/retiree requests the coverage, the deadline is one year from the date of the divorce. If the former spouse requests the coverage, she must send in this DD 2656-10 form within one year of the filing of the court order terminating the marriage.
Our law firm handles many … Read More... “New Military Survivor Benefit Election (SBP) Procedure”
Being confronted with the fact that a divorce proceeding has been initiated can certainly be disconcerting and upsetting. As a former nurse and having primarily practiced divorce and family law for over twenty years, I would like to share some of my insights. While some parties may be knowledgeable that this action is taking place, other parties may be absolutely caught “off guard”, being unaware that anything was or is amiss. The fact that one party, either Husband or Wife, is placed on notice that a divorce proceeding has been initiated evokes many feelings and emotions. Many persons may need some assistance as they attempt to cope with the emotional roller-coaster they may be experiencing. If either party is having any or all of the following signs and/or symptoms, it may certainly be beneficial to seek some assistance from a family physician, psychologist, and/or counselor.
Divorce cases can be emotionally devastating to the parties. As a family law attorney, I not only have to evaluate the facts and give sound advice to my client, but I need to use my best set of skills to assess the client’s emotional stability, support network, and anxiety level. Sometimes this is relatively easy and in other cases it is extremely tough.
Gordon Gibb recently wrote an excellent article for 
If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:
What I have sensed for a few years has now been corroborated by Gregg Herman, who chairs the American Bar Association Family Law Section. He says, “Divorce has become far less litigious in that more cases are settled than litigated.” The members of the American Academy of Matrimonial Lawyers have noticed the same phenomenon. In a poll last year, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. James Hennenhoefer, the president of the Academy, believes that there is a clear preference especially among middle-income clients to resolve cases with less contention, in part to cut down on costs.
