Do Divorced Military Spouses Get Benefits After Death?

When a divorced military retiree dies, the former spouse’s court-ordered share of retired pay stops immediately, but several other benefits can continue. Whether a divorced military spouse receives benefits after death depends on the Survivor Benefit Plan (SBP) election made during the divorce or at retirement, whether the death was service-connected for VA Dependency and Indemnity Compensation (DIC) purposes, and whether the marriage meets the length-of-service overlap rules for TRICARE and base access. Each program has its own eligibility test, its own deadlines, and its own remarriage restrictions.

Retired Pay Ends the Day the Retiree Dies

If a court order under the Uniformed Services Former Spouses’ Protection Act (USFSPA) was sending you a share of your former spouse’s retired pay, that payment stops at death. DFAS is explicit on this point: USFSPA payments to a former spouse end when the member dies and cannot be redirected to anyone else.¹ The retired pay account itself closes.

One boundary worth flagging: the “10-Year Rule” that allows DFAS to pay a former spouse’s share directly (when the marriage overlapped at least 10 years of service) governs only how retired pay is paid during the retiree’s lifetime. It creates no entitlement to any benefit after death.² Everything you receive after death comes from one of the programs below.

The Survivor Benefit Plan Is the Main Replacement Income

SBP is a Defense Department annuity that pays a monthly benefit to a designated survivor after a retiree’s death. The payment equals 55% of the “base amount” the retiree selected at retirement.³ The retiree can name only one SBP beneficiary category, so a former spouse election and a current spouse election cannot both be in force.

For a former spouse to collect SBP, one of two things has to have happened before the retiree died:

The service member voluntarily designated the former spouse as the SBP beneficiary at retirement or after the divorce.
A divorce decree required former spouse SBP coverage. If the retiree did not follow through, the former spouse can force the coverage by filing a “deemed election” on DD Form 2656-10 — but the form must be received within one year of the date the court order was issued.⁴

That one-year window is the single most common way former spouses lose survivor income. If your divorce decree ordered SBP, file the deemed election immediately rather than waiting to confirm compliance. Send it by certified or registered mail to the DFAS Garnishment Law Directorate in Cleveland.⁵

SBP also applies if the service member dies on active duty rather than in retirement, provided a court order required former spouse coverage. The annuity goes to the former spouse named in that court-ordered election.⁶

VA Dependency and Indemnity Compensation Is Harder to Reach

DIC is a tax-free monthly benefit the VA pays to eligible survivors when the veteran’s death was caused by a service-connected injury or illness. The base rate for a surviving spouse is $1,699.36 per month as of December 2025.⁷

The problem for divorced spouses is definitional. DIC is paid to a “surviving spouse,” which in VA terms generally means someone still legally married to the veteran at the time of death. A former spouse whose divorce was final before the veteran died is typically not a surviving spouse for DIC purposes, which makes DIC far more difficult — and in most divorce situations, unavailable — compared to SBP.

DIC eligibility can also exist when the death was not directly caused by military service, if the veteran had a totally disabling service-connected condition for a qualifying period before death: at least 10 continuous years, at least 5 years from discharge, or at least 1 year for a former prisoner of war who died after September 30, 1999.⁸ Those alternative paths still require you to meet the surviving spouse definition. If your divorce was finalized before the veteran’s death, a Veterans Service Organization or VA-accredited attorney can evaluate whether any exception fits your situation.

Getting Both SBP and DIC

Before 2023, a survivor eligible for both benefits had SBP reduced dollar-for-dollar by DIC, so the two largely canceled each other. Congress eliminated that offset effective January 1, 2023. If you qualify for both, you now receive the full SBP annuity from DFAS and the full DIC payment from the VA, with no reduction to either.⁹

TRICARE and Base Privileges Under the 20/20/20 Rule

A former spouse who meets three tests — 20 years of marriage, 20 years of creditable military service, and 20 years of overlap between the two — keeps TRICARE health coverage for life, along with commissary, exchange, and Morale, Welfare, and Recreation access, on the same footing as retired military family members.¹⁰

A narrower “20/20/15” category applies when the marriage and service each hit 20 years but the overlap is only 15. That group receives one year of transitional TRICARE, commissary, and exchange access from the date of divorce. It is not renewable and functions as a bridge to civilian coverage.¹⁰

Two events end TRICARE for a former spouse permanently: remarrying, or enrolling in an employer-sponsored health plan. TRICARE has no age-based exception for remarriage. Any remarriage at any age ends eligibility, even if the later marriage itself later ends.¹⁰

To use these benefits you need a Uniformed Services ID card, issued at a RAPIDS office on a military installation. Bring your divorce decree and marriage certificate to verify 20/20/20 eligibility.¹¹

Arrears of Pay

When a retiree dies, a final partial month of retired pay is usually owed. This one-time Arrears of Pay goes to the designated beneficiary. If no one was designated, DFAS follows a set order of precedence: surviving spouse, then children, then parents. A former spouse can claim it only if specifically named as the beneficiary or if no higher-priority claimant exists.¹²

The claim is filed on Standard Form 1174 with a copy of the death certificate. Direct deposit requires a completed DFAS-CL Form 1059. You can submit through the askDFAS tool, mail to DFAS in Indianapolis, or fax to 800-469-6559.¹²

How Remarriage Changes Each Benefit

Remarriage rules are not uniform across programs, and confusing them is expensive.

SBP: Remarrying before age 55 suspends the annuity. It can be reinstated if that later marriage ends by death or divorce, but you must contact DFAS to restart payments. Remarrying at 55 or older leaves the annuity intact.⁶
DIC: Remarrying before age 55 ends eligibility, with an exception for remarriages on or after January 5, 2021, at age 55 or older. An earlier exception set the threshold at age 57 for remarriages on or after December 16, 2003.⁸
TRICARE: Any remarriage at any age permanently ends eligibility, even if that later marriage ends.¹⁰

TRICARE is the most fragile of the three. SBP is the most forgiving because it can be reinstated. Weigh replacement health insurance costs before remarrying.

Documents to Gather Before You File

Before submitting any application, collect these:

A certified copy of the death certificate listing the cause of death.
Your marriage certificate.
The final divorce decree, with attention to any language on SBP coverage, retired pay division, or survivor benefits.
The service member’s DD Form 214, which verifies dates and character of military service.¹³
Social Security numbers, dates of birth, and the exact dates of marriage and divorce for both you and the deceased.

If the DD Form 214 is missing, request records from the National Archives using Standard Form 180, signed and dated, with proof of death attached if requesting as next of kin.¹⁴ The Archives defines next of kin as the unremarried widow or widower, children, parents, or siblings. A divorced former spouse may not qualify, which can limit what the Archives will release without consent from a qualifying relative.

How to Apply

SBP Annuity

File DD Form 2656-7 (Verification for Survivor Annuity) with DFAS along with supporting documents, a Direct Deposit Authorization, and an IRS W-4P withholding certificate. The annuity must be deposited into an account in your own name.¹⁵

If a court ordered former spouse SBP coverage but the retiree never elected it, file DD Form 2656-10 (Request for Deemed Election) within one year of the court order date, by certified or registered mail to the DFAS Garnishment Law Directorate.⁵

DFAS estimates about 60 days to process a complete SBP annuity application. Complex or incomplete filings take longer.¹⁶

DIC

DIC claims go to the VA, not DFAS. You can apply online at VA.gov, by mail, or in person at a regional office. The VA needs evidence that the death was service-connected or that the veteran carried a total disability rating for the required period before death.⁸

If a Claim Is Denied

A denied DIC claim can be appealed to the Board of Veterans’ Appeals within one year of the decision. The three tracks are direct review of the existing record, evidence submission with new documentation, or a hearing before a Veterans Law Judge. Appeals go through VA.gov, by mailing VA Form 10182 to the Board in Washington, D.C., or by fax. A VSO representative or VA-accredited attorney can assist, often at no cost.¹⁷

DFAS denials — a rejected deemed election, for example, or disputed SBP eligibility — come with a written decision letter that includes reconsideration instructions. Have the court order, divorce decree, and proof of timely filing organized before responding.

1
Defense Finance and Accounting Service. USFSPA FAQs
2
Defense Finance and Accounting Service. Former Spouse Protection Act
3
Office of the Law Revision Counsel. United States Code Title 10 – 1451 Amount of Annuity
4
Defense Finance and Accounting Service. SBP Beneficiary – Former Spouse Deemed Election
5
Department of Defense. DD Form 2656-10 Survivor Benefit Plan Request For Deemed Election
6
Soldier for Life – Army.mil. SBP Fact Sheet – Family Planning for Serving Soldiers
7
Veterans Affairs. Current DIC Rates for Spouses and Dependents
8
Veterans Affairs. About VA DIC for Spouses, Dependents, and Parents
9
Defense Finance and Accounting Service. SBP DIC News
10
TRICARE. Former Spouses
11
DoD Common Access Card. DoD Common Access Card
12
Defense Finance and Accounting Service. How to Claim a Retiree’s Arrears of Pay Using the SF 1174
13
National Archives. DD Form 214 Discharge Papers and Separation Documents
14
National Archives. Military Service Records
15
Defense Finance and Accounting Service. SBP Spouse Application Package
16
Defense Finance and Accounting Service. Retired and Annuitant Pay Processing – How Long Does It Take
17
Veterans Affairs. Board Appeals