Frequently Asked Questions

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Frequently Asked Questions

If I missed the 1 year statutory deadline to deem an election, is there any other remedy available to me?
Yes, the Former Spouse may submit DD Form 149, Application for Correction of Military Record, to the Board for Corrections of Military Records for the applicable branch of service. The form and instructions can be found at https://www.dfas.mil/RetiredMilitary/forms/
What should I do if the member never designated me as their former spouse SBP beneficiary as required by court order, and I cannot make a deemed election now because more than 1 year has lapsed since the filing date of the valid court order containin
You may want to seek legal advice from your legal representative. The 1 year time limit is a statutory constraint that prohibits DFAS from any discretionary action. Also, please reference the question above.
Where can I submit a request if I disagree with the decision made regarding submission of the deemed election (i.e. missed the 1-year deadline)?
You may contact the Garnishment Law Directorate. DFAS will review any new information and process it accordingly.
SBP is part of divorce agreement but it isn’t in the divorce decree. Do I still have to provide a copy of the divorce decree?
Yes, the divorce decree is required to complete the application process in all instances.
Where can I find more information regarding the regulations for deemed election and SBP?
For SBP Deemed Elections, the statute can be found at Survivor Benefit Plan (SBP) 10 U.S.C. § 1450(f)(3). The entire Survivor Benefit Plan (SBP) statute, it can be found at 10 U.S.C. § 1448 Application of Plan. The regulations can be found in the DoDFMR, Volume 7B, Chapter 42 through 46.
How do I find out the level of SBP coverage I have as the designated FS beneficiary?
Contact the Military Retired Pay Office. 800-321-1080 or through AskDFAS (https://corpweb1.dfas.mil/askDFAS/custMain.action?mid=12)
Can the member name a former spouse as the former spouse SBP beneficiary? If so, where does he send his request?
Yes, the member can name a former spouse as the former spouse SBP beneficiary. The member would be required to complete the 2656 or 2656-1 and submit it directly to the Military Retired Pay Department.

The 2656 is for retired members changing the spouse or spouse with child(ren) to former spouse or former spouse and child(ren) coverage.

The 2656-1 is for retiring members to elect coverage for former spouse or former spouse and child(ren).

The above referenced forms should be submitted directly to:

DFAS US Military Retired Pay
8899 E 56^th Street
Indianapolis IN 46249-1200
You may fax it to them at 800-469-6559 (toll free) or 317-212-0551 (commercial).
The member was ordered to name me as the former spouse SBP beneficiary, who can I contact to confirm if this has been completed?
If eligible, we suggest you complete the SBP Former Spouse Deemed Election application process regardless of if the member does so or not. Complete the DD2656-10 form and submit it along with your divorce decree and the incorporated court orders, including the document awarding the SBP benefit. The details on how to apply and what documents are required are found on the garnishment webpage at https://www.dfas.mil/Garnishment/.

The application process can be done electronically, fax or by USPS. The Garnishment office will contact you in writing confirming the status of your request.

You may contact the Military Retired Pay Office to confirm the status of the SBP pursuant to what the member has submitted. 1-800-321-1080 or through AskDFAS (https://corpweb1.dfas.mil/askDFAS/custMain.action?mid=12)
I was ordered to pay the SBP premium. The letter confirming my deemed election notes by law premiums have to be deducted from the member’s pay. Where can I find the law concerning the SBP premiums?
Due to the regulatory requirement, (Volume 7b DoD FMR Chapter 45 and Chapter 29, section 290701), DFAS is unable to change how the SBP premiums are deducted. The parties will need to negotiate an agreement between themselves.

When the former spouse is the beneficiary of SBP and the former spouse is also receiving a portion of the military retirement pay, the SBP premium is considered an authorized deduction and is withheld from the gross military retirement pay prior to the division of the military retirement pay. (example: For example, if the member’s gross pay is $1,000 and the SBP cost is $100, and there are no other authorized deductions, the member’s disposable income is $900. The former spouse will receive her portion from the $900.)

If the SBP beneficiary is not receiving a portion of the military retirement, then the premium is deducted from the member’s pay only and does not impact any former spouse entitlement.
How does a former spouse deem an election to become the designated former spouse beneficiary?
Complete and submit the DD2656-10 form along with your final divorce decree and all incorporated court orders associated with it. Please be sure the order awarding the SBP benefit is included. The details on how to apply and what documents are required are found on the garnishment webpage at https://www.dfas.mil/Garnishment/. The application process can be done electronically, fax or by USPS.
How do I report the death of a retired member?
We are sorry for your loss. Although this is a difficult time, it’s crucial to report the death of a military retiree promptly. The details of what is needed are found at: https://www.dfas.mil/RetiredMilitary/survivors/Retiree-Death/

Page Updated May 10, 2021