The ex-spouse of a U.S. military veteran will be entitled to receive some spousal benefits. However, these benefits may be limited by factors such as how long the spouse was married to the veteran and the number of years of their active service. Further, they may need to take specific actions after the divorce to secure benefits for their ex-spouse. The situation changes again if the veteran passes away before the ex-spouse.
Marc Whitehead & Associates, Attorneys at Law, LLP, is dedicated to assisting clients with disability claims for veterans who qualify. Our focus is on ensuring eligible veterans receive the benefits and support they deserve. We leverage our knowledge and experience to guide clients to the necessary resources to fully address their issues. With a team of highly experienced attorneys, we have successfully helped numerous veterans throughout the U.S. Call today for a free consultation.
When Is An Ex-spouse Eligible to Claim Veterans Benefits?
To be eligible for health benefits, an ex-spouse must have been married to the veteran for at least 20 years and have at least 20 years of active service. Further, the term of the veteran’s service must have overlapped the marriage by at least 20 years. This benefit will terminate if the ex-spouse has remarried.
Further, an ex-spouse may also be eligible for specific survivor retirement benefits after the veteran’s death–if they have designated their former spouse as a beneficiary and:
- The parties were married when the veteran became eligible to receive retirement pay.
- The ex-spouse and veteran had been married for at least one year when the veteran died.
- The parties had at least one child together.
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How Can a Veteran’s Ex-spouse Get a Survivor’s Benefit Pension (SBP)?
Before a veteran retires, they must complete Defense Department Form 2656, which records data for the veteran’s retirement benefits. This form allows them to designate an ex-spouse as a recipient. In addition, the following applies:
- If the parties are married when the veteran retires but are divorced or separated after the retirement date–the veteran must complete and submit a supplemental form to convert spouse retirement coverage into former spouse coverage.
- A soon-to-be divorced spouse who wants to claim these benefits should consult an experienced veteran’s benefits attorney before the divorce is finalized.
In addition, the supplemental benefits form that the veteran will submit requires them to specify:
- Whether an election for former spouse retirement benefit coverage is being made pursuant to a court order, a written settlement agreement, or voluntarily.
This designation is significant because it can affect whether the retired veteran can change former spouse coverage unilaterally and without consent from a divorce court.
Can An Ex-spouse Get VA Dependency and Indemnity Compensation?
The surviving spouse, children, or parents of an active service member who dies in the line of duty or as a result of a service-related injury may be entitled to recover a VA Dependency and Indemnity Compensation Benefit (VA DIC).
Spouses who are separated from a member of the military may also be eligible for this benefit if they were not at fault for the separation and:
- The parties were married within 15 years of the veteran’s discharge from the military service period during which the fatal injury or illness occurred
- The marriage lasted more than one year
- The parties had at least one child together
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Contact Marc Whitehead & Associates for a Free Consultation
If you need help with your VA disability claim, we charge no money upfront and take clients nationally. We leverage our experience and knowledge to build a strong case for a favorable outcome while working closely with your doctors to achieve this. We monitor the progress of your case and provide additional evidence, information, or clarification if requested. Schedule your free consultation to get started.
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