Under federal law, SBP spousal concurrence is required whenever a married service member wants to decline the Survivor Benefit Plan, reduce the base amount below full retired pay, or elect child-only coverage while an eligible spouse exists. The spouse’s signature has to be notarized, dated after the member signs but before the retirement date, and submitted on the DD Form 2656. Miss any of those pieces and the election defaults to maximum spouse coverage with premiums deducted from the first retirement check.1Office of the Law Revision Counsel. 10 USC 1448 – Application of Plan
The Three Elections That Trigger Concurrence
Concurrence is a protective mechanism, not a general veto. It attaches only to decisions that would leave the spouse with less than they would otherwise receive. That covers three specific choices under 10 U.S.C. § 1448:1Office of the Law Revision Counsel. 10 USC 1448 – Application of Plan
- Declining SBP entirely.
- Electing a base amount lower than full retired pay.
- Choosing children-only coverage when an eligible spouse exists.
Electing full spouse coverage at the maximum level requires no concurrence signature. The spouse is already the beneficiary of the default, so there is nothing to protect them against.
The spouse whose signature counts is the person legally married to the member on the retirement date. Separation does not remove the requirement. If the marriage is legally intact on that date, the notarized signature is needed.2Soldier for Life – U.S. Army. SBP Fact Sheet
When Concurrence Is Not Required
Two situations sit outside the concurrence rule. The first is a former spouse election made under a divorce decree or property settlement. The current spouse must be notified, but has no signature power over the choice.3Military Compensation and Financial Readiness. Survivor Benefit Plan Former Spouse Coverage
The second is the narrow statutory exception in 10 U.S.C. § 1448 for cases where the member can show, to the satisfaction of the Secretary of their service branch, that the spouse’s whereabouts cannot be determined or that exceptional circumstances make requiring consent inappropriate.1Office of the Law Revision Counsel. 10 USC 1448 – Application of Plan These are not self-certifying. The member has to submit documentation and the branch decides. Spousal disagreement over whether to carry SBP does not qualify as an exceptional circumstance.
What the Spouse Is Actually Being Asked to Give Up
Before signing away coverage, both spouses should understand the math. The standard SBP premium is 6.5% of the elected base amount, taken out of retired pay before federal income tax.4Office of the Law Revision Counsel. 10 USC 1452 – Reduction in Retired Pay If the member dies, the surviving spouse receives an annuity equal to 55% of that base amount.5Office of the Law Revision Counsel. 10 USC 1451 – Amount of Annuity
On $3,000 of monthly retired pay, that comes to a $195 premium and a $1,650 monthly survivor annuity. Cut the base amount to $2,000 and the premium drops to $130 while the annuity drops to $1,100. A spouse who signs to decline SBP entirely is giving up a lifetime income stream, not just a line item on next month’s pay statement.
The value of that stream went up in January 2023, when the offset between SBP and Dependency and Indemnity Compensation was fully eliminated. Survivors eligible for both now receive each payment in full.6Military Compensation and Financial Readiness. SBP-DIC Offset Repeal FAQ
How to Sign Correctly on the DD Form 2656
The election lives on the DD Form 2656, Data for Payment of Retired Personnel. The member fills out the identifying information and the election section, then the spouse signs the Spouse Concurrence block. Vague or incomplete election entries get rejected, and rejection means the automatic default kicks in. If the election is for a reduced base amount, the exact dollar figure has to appear on the form.7Department of Defense. DD Form 2656 – Data for Payment of Retired Personnel
Notary Formalities
The spouse has to sign in the physical presence of a notary public. The notary verifies identity through acceptable ID, witnesses the signature, applies an official seal or stamp, and records the commission expiration date. A missing seal, an illegible stamp, or an absent commission date will cause DFAS to reject the form.7Department of Defense. DD Form 2656 – Data for Payment of Retired Personnel Military installations offer notary services through legal assistance offices at no cost.
The Date Sequence That Causes Most Rejections
Date order is where most SBP elections fall apart. The rule under DoD Instruction 1332.42 is that the spouse’s notarized signature must be dated on or after the date the member signed the form, and before the member’s retirement date.8Department of Defense. DoDI 1332.42 – Survivor Benefit Plan The member elects first, the spouse concurs second, and both happen before retirement.
If the spouse’s signature is dated before the member’s, the form is invalid. If either signature is dated on or after the retirement date, the election cannot be processed as submitted.2Soldier for Life – U.S. Army. SBP Fact Sheet Either way, DFAS enrolls the member at full spouse coverage with maximum premiums backdated to the first day of retired pay. Fixing that mistake later means an appeal process that can run a year or more.
Where the Completed Form Goes
Once signed and notarized, the DD Form 2656 goes to the Defense Finance and Accounting Service or the relevant branch personnel center. DFAS accepts submissions through its askDFAS upload tool, by mail to DFAS U.S. Military Retired Pay, 8899 E 56th Street, Indianapolis, IN 46249-1200, or by fax to 800-469-6559.9Defense Finance and Accounting Service. Changing or Stopping Your Coverage Mailed submissions should go certified with tracking. A lost form with no proof of submission is functionally the same as never submitting one.
Send the package well before the retirement date. Late or missing paperwork produces the same result as invalid notarization: automatic enrollment at maximum coverage, premiums backdated. When the first retired pay statement arrives, check the SBP line against what was elected. Data-entry errors do happen, and they are easier to correct in the first month than in the first year.
The Second Concurrence: Months 25 Through 36
Retirees who enrolled in SBP get one exit window: between the 25th and 36th month after retirement, they can request termination by submitting a DD Form 2656-2.9Defense Finance and Accounting Service. Changing or Stopping Your Coverage Spousal concurrence is required again, with the same notarization rules that governed the original election. Once the 36th month passes without a termination request, the election is permanent. The window is exit-only. A member who declined SBP at retirement cannot use it to enroll.
When Concurrence Was Never Properly Obtained
If a spouse believes their concurrence signature was obtained improperly, or if an election was processed against what the paperwork actually said, the remedy is an application to the Board for Correction of Military Records for that service branch. The applicant files a DD Form 149 with supporting documentation. Decisions can take up to 12 months, and the board generally will not consider a case until other administrative remedies have been exhausted.10Army Review Boards Agency. Army Review Boards Agency Getting the signature, the notary seal, and the dates right the first time is a great deal cheaper than that path.