Military Divorce Pitfalls: The Survivor Benefit Plan Explained
What happens to a military pension after divorce, and what happens if the service member dies?
In this episode of Lawyers Without Billboards, Steve and Patty Shewmaker and Jimmy and Alexa Lewis break down one of the most misunderstood and high-risk issues in military divorce: the Survivor Benefit Plan (SBP).
SBP can determine whether a former spouse continues receiving income after a service member’s death, but it is governed by strict federal statutes, unforgiving deadlines, and complex election rules. Miss one step or one window, and the benefit can be lost permanently.
The panel explains how SBP works, when it must be elected, who can receive it, and the common traps that catch both attorneys and families off guard.
Topics include:
• What the Survivor Benefit Plan is and what it is not
• How SBP differs from private pensions
• Election windows for active duty and reserve service members
• Why SBP can disappear after divorce if deadlines are missed
• The one-year “deemed election” rule and why it matters
• What happens when a former spouse remarries before age 55
• Why SBP is often the biggest malpractice risk in military divorce cases
If you or your client is dealing with a military divorce, this episode explains why SBP cannot be treated as an afterthought.
⏱️ Chapter Markers
00:00 – Podcast introduction and show overview
00:00:40 – Welcome to Lawyers Without Billboards
00:01:20 – Introducing the Survivor Benefit Plan (SBP)
00:03:28 – Why SBP matters in military divorce
00:04:22 – How military pensions differ from private pensions
00:05:44 – What happens to pension benefits after death
00:06:47 – When and how SBP must be elected
00:07:52 – Active duty vs. reserve SBP election windows
00:09:27 – Why SBP is a “unitary benefit”
00:11:04 – Who can and cannot receive SBP
00:13:48 – SBP costs and premium structure
00:15:41 – Common pitfalls and malpractice risks
00:16:34 – The one-year deemed election deadline
00:18:04 – King v. King and real-world consequences
00:19:53 – When SBP is lost forever
00:21:57 – Remarriage before age 55 and SBP termination
00:24:29 – Final thoughts and closing remarks
🔔 Subscribe for honest conversations about family law and the legal system without the billboards.
🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
🎧 Listen or Watch
Watch on YouTube: https://youtu.be/joBxzR8F6pQ or listen on Spotify, Apple Podcasts, Google Podcasts, and more.
📩 Contact: jlewis@shewmakerandlewis.com or call (770) 939-1939
🌐 Website: https://www.shewmakerandlewis.com
🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards
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🎼 Music by Ben Hernandez at Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA
