An SBP deemed election is how a former military spouse secures Survivor Benefit Plan coverage directly through DFAS when a divorce decree or court order required the service member to elect it and the member failed or refused to do so. You file DD Form 2656-10 with a certified copy of the court order, DFAS must receive it within one year of the date the order was issued, and coverage is then treated as though the member elected it voluntarily. The annuity pays 55 percent of the elected base amount to the former spouse if the retiree dies.
When You Qualify to File
Federal law at 10 U.S.C. ยง 1450(f)(3) recognizes two situations in which the service member is considered required to elect former spouse SBP coverage:1Office of the Law Revision Counsel. 10 USC 1450 – Payment of Annuity: Beneficiaries
- The member signed a written agreement during divorce, dissolution, or annulment proceedings to elect SBP for the former spouse, and that agreement was incorporated into or approved by a court order, or filed with the court under state law.
- A court directly ordered the member to make the SBP election for the former spouse.
If either applies and the member does nothing, you can file the deemed election request yourself. The rule applies whether the member is retired or still on active duty; a deemed election can be submitted before the member’s retirement, provided you file within the deadline.2Defense Finance and Accounting Service. SBP Beneficiary – Former Spouse Deemed Election
The One-Year Deadline
DFAS must receive the completed DD Form 2656-10 and supporting documents within one year of the date the court order requiring SBP coverage was issued.2Defense Finance and Accounting Service. SBP Beneficiary – Former Spouse Deemed Election The clock starts on the date the judge signs the order, not the date the divorce becomes final if those differ. If the divorce decree itself is what requires SBP, the decree date controls.
The deadline is unforgiving. The form itself states that failure to provide the information within one year results in denial of coverage.3Department of Defense. DD Form 2656-10 – Survivor Benefit Plan (SBP) Former Spouse Request for Deemed Election This is the single most common way former spouses lose SBP rights. Do not wait to see whether the member will comply voluntarily. Treat the paperwork as urgent from the day the order is signed.
What Your Court Order Must Say
DFAS does not require specific magic language, but the order must clearly require the service member to elect SBP coverage for the former spouse.2Defense Finance and Accounting Service. SBP Beneficiary – Former Spouse Deemed Election Vague references to “survivor benefits” or “keeping insurance in place” create problems. The order should name the Survivor Benefit Plan directly and identify the former spouse as the intended beneficiary.
If the order specifies a base amount for the coverage, DFAS will honor that figure. If the order is silent on the base amount, DFAS defaults to full retired pay, which means the member pays the maximum premium. A former spouse who wants coverage set at a particular level needs the court order to say so.
Documents to Submit
The required form is DD Form 2656-10, “Survivor Benefit Plan (SBP) Former Spouse Request for Deemed Election,” available from the DFAS Garnishment page or the Department of Defense forms website.3Department of Defense. DD Form 2656-10 – Survivor Benefit Plan (SBP) Former Spouse Request for Deemed Election It asks for the member’s full name, Social Security number, and branch of service. The information must match what DFAS has on the member’s pay account, so verify against official records rather than memory.
Along with the completed form, submit:
- A certified copy of the court order requiring the member to elect SBP coverage. Certified means the clerk of court’s raised seal or original stamp; a plain photocopy will not be accepted.4Defense Finance and Accounting Service. How to Apply
- A copy of the divorce decree if it is a separate document from the order requiring SBP.
On the form, indicate whether the coverage is for you alone or for you and eligible children of the marriage. Getting this designation right upfront avoids having to amend the request later.
Where to Send It
DFAS accepts deemed election requests three ways:2Defense Finance and Accounting Service. SBP Beneficiary – Former Spouse Deemed Election
- Online through the askDFAS portal on the DFAS Garnishment page, which is generally the fastest method.
- By mail to DFAS Garnishment Law Directorate, PO Box 998002, Cleveland, OH 44199. Use certified or registered mail so you have proof of the date DFAS received the packet.3Department of Defense. DD Form 2656-10 – Survivor Benefit Plan (SBP) Former Spouse Request for Deemed Election
- By fax to the Garnishment Law Directorate.
Note the destination: deemed election requests go to the Garnishment Law Directorate in Cleveland, not the Retired Pay office in Indianapolis. Sending the packet to the wrong DFAS office can produce delays that push you past the one-year deadline. Watch for written confirmation that the account has been updated after DFAS receives your submission. If nothing arrives within a few weeks, follow up through askDFAS or by phone.
Premiums
SBP is not free. Premiums are deducted monthly from the retiree’s gross retired pay at 6.5 percent of the elected base amount.5Defense Finance and Accounting Service. Survivor Benefit Plan Cost A $2,000 base amount produces a $130 monthly premium. If the court order does not specify a reduced base, DFAS uses full retired pay, and the member pays the maximum.
By law, premiums must come from the member’s retired pay. Even when a divorce decree says the former spouse will reimburse the member for the premium cost, DFAS has no authority to deduct that reimbursement from the former spouse’s share of divided retired pay. Any arrangement between the parties has to be handled privately. This is worth resolving during settlement rather than after the fact.
What the Annuity Pays
If the retiree dies, the former spouse receives a monthly annuity equal to 55 percent of the elected base amount.6Military Compensation and Financial Readiness. Survivor Benefit Plan: Spouse Coverage The base amount can range from a minimum of $300 per month up to the retiree’s full gross retired pay. Both the base amount and the annuity adjust upward with cost-of-living increases.
A retiree with $3,000 per month in gross retired pay under full SBP coverage would generate a $1,650 monthly annuity for the former spouse, at a premium of $195 during the retiree’s lifetime. Annuity payments are taxable income to the recipient.
Remarriage and Age 55
If you remarry before age 55, your SBP annuity payments are suspended.7Defense Finance and Accounting Service. How Remarriage Before Age 55 Affects SBP Eligibility Remarriage at 55 or older has no effect. If a marriage entered before 55 later ends through divorce, annulment, or the death of the new spouse, eligibility is reinstated, and payments restart on the first day of the month the later marriage ends once DFAS receives the supporting documents.
Adding Child Coverage
DD Form 2656-10 allows you to request coverage for “former spouse and child” instead of former spouse alone. Children are eligible while unmarried and either under 18, or under 22 and enrolled full-time in an accredited school.8Military Compensation and Financial Readiness. Survivor Benefit Plan – Children Only A child with a disability that prevents self-support remains eligible indefinitely if the disability began before age 18, or before age 22 if the child was then a full-time student.
While the former spouse is receiving the annuity, children do not receive a separate payment. Child coverage matters if the former spouse predeceases the retiree or loses eligibility through remarriage before 55. Selecting the broader category on the form protects against that scenario at no additional premium beyond the standard 6.5 percent.
If You Missed the One-Year Window
Once the deadline has passed, the standard administrative route is closed, but relief is sometimes available through the appropriate branch’s Board for Correction of Military Records. The BCMR can, in cases of error or injustice, retroactively correct a member’s records to reflect an SBP election. The standard filing is DD Form 149 with the correct service board. Approvals happen but are not guaranteed, and the process can take months or longer. Treat the BCMR as a last resort after other administrative options have been exhausted.