Can my ex take my son off his survivor plan benefits?

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Can my ex take my son off his survivor plan benefits?

My ex got remarried and our son was on my ex’s military survivor plan benefits. He just got remarried and took my son off and put a step kid on it. Is my son not entitled to that?

Asked on May 11, 2018 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your son has no inherent right to be on this plan, and your ex could substitute another beneficiary (for example, a step child). The only way your son would have an enforceable right to be the beneficiary would be if the terms of your divorce (the court order or settlment) required it: in that case, you could bring a motion or legal action in family court to enforce the terms of the order or settlement and force your ex to restore your son to the plan. But unless it was required in the divorce, they could do this.


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