What are my children’s rights to Survivor Benefits after a Virginia divorce?

If you're going through a military divorce in Virginia, you'll want to learn all you can about your rights and your children's rights to the Survivor Benefits Plan. An experienced Newport News divorce attorney can explain all the military rules and regulations that might impact your children's rights to survivor benefits.

Military regulations stipulate that there can be only one recipient of survivor benefits at any given time. There are certain circumstances in which a dependent child would qualify to receive survivor benefits. It's important to note that the military imposes strict restrictions on SBP coverage and a Newport News divorce attorney with a background in military divorce in Virginia can walk you through all the details.

Your child may be eligible to receive survivor benefits if:

  • there is no surviving spouse;
  • you, as a former spouse, don't have a court order granting you coverage; or
  • you become ineligible to receive the survivor benefits because of remarriage before the age of 55.

Survivor benefits can be a welcomed financial buffer and as a proactive parent, it's a wise idea to make sure you understand your children's rights to the SBP. It's quite a chore to navigate the laws around a military divorce in Virginia but a Newport News divorce attorney can help dig up any information you might need.

Your minor children will be able to receive survivor benefits, provided they are:

  • the child of the service member; and
  • under 18 (or up to age 22 if a full-time, unmarried student); or
  • mentally or physically incapable of self-support.

You can help plan your children's future by staying informed of their rights to survivor benefits after your military divorce in Virginia. You'll want to look for a Newport News divorce attorney that will help you understand the military policies that affect your children.

Contacting a Newport News Divorce Attorney

Our Newport News divorce attorneys care about your rights, the welfare and happiness of your children and your financial security. Let us use our unique experience to help you focus on your goals for the future and your family. To learn more about Virginia divorce, request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.