Posted on Nov 4, 2025
Have you had issues with California giving your Ex- Wife your assets and your military retirement pay to her?
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1. I was married to my ex- Wife from 1994 to 1998. We had a simple divorce Summary Dissolution. No children. No property.
2. I remarried to a Canadian Wife in Las Vegas, Nevada in 2006. We live in Canada.
3. My California Family Trust in my name has my Canadian Wife as the executor of my Estate. The Trust was done in the County where I own a home that I inherited.
4. My Wife had heard from a Canadian Paralegal of her USMC relatives in the USA having issues with the ex- Wife claiming and winning the property and the pensions due to changes in California Law.
5. My California Trust was done in 2022 in Riverside County by our Family Attorney.
6. I have my Canadian Wife as the beneficiary on the on DD 108 and DD2656. I have been receiving retirement pay since 2022.
7. My Wife claims our personal Civilian Attorney ,who set up the Family trust, is not aware of the California Catch- 22 law. She fears my Ex-Wife (upon finding out from public sources that I have passed) can claim everything even if We had no children and were divorced in 1998. My Canadian Wife is worried all my pension and real estate will be acquired by my ex-Wife due to changes in the California Laws.
8. I have a Canadian Wife who has a current US military Dependent ID Card. My 2 Daughters from our marriage are Canadian Citizens ages 18 and 14. We live in Canada.
9. I need to know if what my Wife says about the ex-Wife being able to get everything from my Wife of 19 years is true?
10. I want to know if this is all hearsay and not something the People's Republic of California has passed.
11. I am sure others here need to know what the peril is if this is true.
12. Is there an issue or I am I making a problem out of nothing?
If you can give me some guidance on this from JAG or ex-military attorneys who know if this is a real issue or not?
COL Randall Cudworth LTC (Join to see) LTC Ivan Raiklin, Esq. [ SFC William Farrell CPT Jack Durish SFC Stephen King CMSgt (Join to see) SFC Mark Merino 1SG(P) Dean Mcbride (MPER) (SPHR) 1SG John Millan COL (Join to see) @Cpt David gowel
2. I remarried to a Canadian Wife in Las Vegas, Nevada in 2006. We live in Canada.
3. My California Family Trust in my name has my Canadian Wife as the executor of my Estate. The Trust was done in the County where I own a home that I inherited.
4. My Wife had heard from a Canadian Paralegal of her USMC relatives in the USA having issues with the ex- Wife claiming and winning the property and the pensions due to changes in California Law.
5. My California Trust was done in 2022 in Riverside County by our Family Attorney.
6. I have my Canadian Wife as the beneficiary on the on DD 108 and DD2656. I have been receiving retirement pay since 2022.
7. My Wife claims our personal Civilian Attorney ,who set up the Family trust, is not aware of the California Catch- 22 law. She fears my Ex-Wife (upon finding out from public sources that I have passed) can claim everything even if We had no children and were divorced in 1998. My Canadian Wife is worried all my pension and real estate will be acquired by my ex-Wife due to changes in the California Laws.
8. I have a Canadian Wife who has a current US military Dependent ID Card. My 2 Daughters from our marriage are Canadian Citizens ages 18 and 14. We live in Canada.
9. I need to know if what my Wife says about the ex-Wife being able to get everything from my Wife of 19 years is true?
10. I want to know if this is all hearsay and not something the People's Republic of California has passed.
11. I am sure others here need to know what the peril is if this is true.
12. Is there an issue or I am I making a problem out of nothing?
If you can give me some guidance on this from JAG or ex-military attorneys who know if this is a real issue or not?
COL Randall Cudworth LTC (Join to see) LTC Ivan Raiklin, Esq. [ SFC William Farrell CPT Jack Durish SFC Stephen King CMSgt (Join to see) SFC Mark Merino 1SG(P) Dean Mcbride (MPER) (SPHR) 1SG John Millan COL (Join to see) @Cpt David gowel
Law
Divorce
Retirement
Edited 4 mo ago
Posted 4 mo ago
Responses: 1
I can't speak about the non-military retirement in your trust, but as far as the SBP goes, unless your divorce decree stated that your ex-wife was entitled to receive your SBP, and it was processed as such with DFAS, then she doesn't get a dime of it.
If there is no court order saying you must maintain your ex-wife as a beneficiary, you won't have an issue, at least not when it comes to your SBP. For the other assets in your trust, you really need to talk to an estate lawyer in California to see what, if any, impact changes in the California law would have.
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https://www.dfas.mil/RetiredMilitary/provide/sbp/coverage/
If there is no court order saying you must maintain your ex-wife as a beneficiary, you won't have an issue, at least not when it comes to your SBP. For the other assets in your trust, you really need to talk to an estate lawyer in California to see what, if any, impact changes in the California law would have.
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https://www.dfas.mil/RetiredMilitary/provide/sbp/coverage/
Defense Finance and Accounting Service > RetiredMilitary > provide > sbp > coverage...
The official website of the Defense Finance Accounting Service (DFAS)
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SFC Mark Merino
I have a wicked TBI and get headaches from trying to decipher legalese. Is there a real simple way to change SBP from ex spouse to current spouse?
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COL Randall Cudworth
SFC Mark Merino - Absolutely, but how easy or complicated depends on your situation.
The easiest situation is the following:
● You were married to your former spouse before retirement and had elected to have SBP coverage for her when you retired.
● You did NOT have a court mandate to continue coverage for her when you were divorced.
● You notified DFAS of your divorce and the SPB election was removed. note: Federal law states that SPB for an ex-spouse ends at divorce but can be continued/resumed if either a court order is provided mandating the coverage, or the retiree does a voluntary election to continue it, within one year of the divorce.
In that case, when you remarry all you have to do is provide DFAS with the appropriate forms (DD 2656-6) and documents (marriage license), and after a one-year waiting period (from the time of the marriage), SBP coverage will resume at the previous established rate (i.e., 55% if you elected full SBP) that you had your ex-spouse covered at.
If there are any changes (i.e., you want to change the % of coverage from what it was previously, you didn't have children in your former marriage but do now and you want them covered as well, etc.) then it gets increasingly complex.
You can start with the SBP Form Wizard* and it will walk you through updating it and what is needed when you submit it (you can submit it online through askDFAS or mail/fax it in).
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* DFAS - https://www.dfas.mil/RetiredMilitary/provide/sbp/change/#Submit%206
* DFAS - update beneficiaries - https://www.dfas.mil/RetiredMilitary/provide/sbp/maintain/
* SBP Form Wizard (use "save as" and open on your computer) - https://www.dfas.mil/Portals/98/Documents/RetiredMilitary/forms/DD2656%206%20DFAS%20FormWizard%20May24.pdf?ver=XmwS9nMyzpV52kzTRYcbVA%3d%3d
The easiest situation is the following:
● You were married to your former spouse before retirement and had elected to have SBP coverage for her when you retired.
● You did NOT have a court mandate to continue coverage for her when you were divorced.
● You notified DFAS of your divorce and the SPB election was removed. note: Federal law states that SPB for an ex-spouse ends at divorce but can be continued/resumed if either a court order is provided mandating the coverage, or the retiree does a voluntary election to continue it, within one year of the divorce.
In that case, when you remarry all you have to do is provide DFAS with the appropriate forms (DD 2656-6) and documents (marriage license), and after a one-year waiting period (from the time of the marriage), SBP coverage will resume at the previous established rate (i.e., 55% if you elected full SBP) that you had your ex-spouse covered at.
If there are any changes (i.e., you want to change the % of coverage from what it was previously, you didn't have children in your former marriage but do now and you want them covered as well, etc.) then it gets increasingly complex.
You can start with the SBP Form Wizard* and it will walk you through updating it and what is needed when you submit it (you can submit it online through askDFAS or mail/fax it in).
-----------------------------------
* DFAS - https://www.dfas.mil/RetiredMilitary/provide/sbp/change/#Submit%206
* DFAS - update beneficiaries - https://www.dfas.mil/RetiredMilitary/provide/sbp/maintain/
* SBP Form Wizard (use "save as" and open on your computer) - https://www.dfas.mil/Portals/98/Documents/RetiredMilitary/forms/DD2656%206%20DFAS%20FormWizard%20May24.pdf?ver=XmwS9nMyzpV52kzTRYcbVA%3d%3d
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