QUESTION
SBP was sent by my lawyer 25 years ago and now no record of it.
Asked on Mar 01st, 2016 on Divorce - Florida
More details to this question:
Married/divorce a Navy officer, he left the militart after 18 years for a short period of time and re-entried shortly after but his original files were purged. I am now receiving a pension since he retired( which I had to fight for, even though the divorce papers said I would receive it) and now just finding out that the SBP is in his file without a name on it and he is remarried. My original lawyer sent these papers to the defence dept. within the required year, but since the original file was purged I'm back to fighting for what is legally mine. How do I get this straightened up?
1 ANSWER
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Blair H. Chan, III, PLLC
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If the divorce judgment awards you SBP coverage, the easiest solution is to send a certified copy of the document to DFAS and ask them to award you the coverage per the order. Otherwise, if they won't comply or its not specified in the prior order, file a motion to enforce or clarify the prior order regarding the SBP award and ask the family court to determine your entitlement to the award and send DFAS a copy of the more current ruling.
Answered on Mar 02nd, 2016 at 1:11 PM