The Age Military Widows Can Remarry and Not Lose Benefits
Recent changes in law, including some stemming from legislation signed this month, accept changed what remarriage will hateful for yous and your earned benefits.
MOAA has heard from members seeking remarriage guidance, with many covered by the situations listed below. These correspond some of the superlative remarriage concerns equally they chronicle to finance.
Situation 1: A retiree is remarrying, and their quondam spouse holds the Survivor Benefit Program (SBP).
Once a former spouse is awarded SBP due to a legal divorce document, only a change to the legal document — or the expiry of the old spouse — will release the SBP back to the retiree. These actions permit the retiree to change the beneficiary to the current spouse. The ex-spouse and current spouse cannot be covered simultaneously.
Situation two: A surviving spouse wants to remarry and has concerns about SBP and Dependency and Indemnity Compensation (DIC) payments.
One's age at remarriage tin can touch survivor benefits. If you are 55 years old or greater, SBP and DIC payments will continue later you lot get remarried. If yous are younger than 55, both SBP and DIC payments volition be suspended. If the remarriage ends, payments tin can start again.
(While it's a completely different topic, those with questions virtually the procedure eliminating the DIC offset from SBP payments can find answers at this link.)
Unless you remarry another military retiree, all other armed services benefits stop during the remarriage (TRICARE and ID card-related). If the remarriage ends, ID card-related benefits will render, only TRICARE benefits are lost forever. If yous have remarried a war machine retiree, all of these benefits will go along. If the retiree dies, survivor programs and benefits (including TRICARE) will start — unless the SBP is owned by a former spouse.
Regarding Social Security: Survivor payments continue for remarriages at/afterward age 60 (or historic period 50 if you're disabled). If you are the divorced spouse of a worker who dies, you could get survivor benefits as long as your marriage lasted 10 years or more. To collect a survivor benefit, you lot must exist age 60 or caring for a kid nether age sixteen. As for retirement benefits, at age 62-plus, you lot tin can get retirement benefits on your new spouse's work if those benefits are college. Equally a former spouse, you also accept eligibility to a retirement benefit based on your ex-spouse's work record start at your age 62. See the Social Security pamphlets (downloadable PDFs) on retirement and survivors for more details.
State of affairs 3: A former spouse is awarded retired pay from a military retiree and is concerned about what happens to the retired pay if the sometime spouse remarries.
Was the retired pay awarded by the divorce court? If so, the retired pay was awarded to the former spouse past legal ways and is in the divorce decree. Unless something about remarriage was stipulated in the divorce decree, the retired pay will continue to the ex-spouse.
The but means to change or stop the retired pay to a old spouse are:
- The former spouse gives up the payment through legal means (amended prescript), or
- The former spouse dies. Upon the death of a former spouse, notify the pay agency with a death certificate and retired pay will be restored to the retiree.
If the retired pay is being given voluntarily to the one-time spouse by the retiree with no legal direction, then the retiree controls where the money goes.
All servicemembers tin can detect information on former spouse issues via the Defence force Finance and Accounting Service (DFAS) at this link.
Situation 4: A retiree remarries and wants to outset spouse benefits?
The SBP is suspended and no premiums are paid when a retiree does not have a beneficiary, like later on a divorce or death of a spouse. To restart your SBP, make certain y'all notify DFAS (or your Coast Baby-sit pay agent) inside the first year of your remarriage. SBP will start once again on the first anniversary unless your old spouse has the SBP.
Yous can just have one SBP beneficiary: your spouse or your onetime spouse, not both. Y'all will owe back premiums if you forget to notify your pay bureau until after the first ceremony.
[RELATED: How to Primary DFAS's MyPay]
Retirees have iii SBP options later remarriage:
- Stay at your current coverage level.
- Increment your coverage level if your electric current coverage is less than the maximum coverage. The college premium is retroactive, then you will owe the back premiums, plus interest.
- Abolish the coverage with spouse blessing.
Accept your new spouse to the ID card part for an ID card and enrollment in the DEERS-TRICARE registration system.
Situation 5: Yous divorced a servicemember and qualified for benefits upon divorce (20/xx/20 rule).
Upon remarriage, TRICARE health care is lost forever. Other ID bill of fare benefits are suspended until the remarriage ends. If you remarry a military retiree, all of these benefits will continue.
(Note from MOAA: Portions of the above were originally published in August 2022 and were updated in January 2021.)
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Source: https://www.moaa.org/content/publications-and-media/news-articles/2021-news-articles/what-happens-when-i-remarry-moaa-answers-your-concerns-on-sbp,-tricare,-and-more/
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