In most cases, an ex-spouse of a deceased veteran is not eligible for VA survivor benefits because VA law generally requires the claimant to be the veteran’s surviving spouse.
However, some former spouses may qualify for certain Department of Defense benefits, such as continued military health benefits or Survivor Benefit Plan (SBP) payments.
Different federal laws govern these programs. It can get confusing, but our Veterans Affairs Disability benefits claims lawyers can help. Our team has been serving the veteran community since 1992. Call today for a free consultation.
Is an Ex-Spouse Eligible for VA Survivor Benefits?
The Department of Veterans Affairs offers several survivor benefits, but each program has its own eligibility requirements. Whether you qualify depends on the specific VA benefit you are seeking, your relationship to the veteran, and the circumstances surrounding the veteran’s death.
Dependency and Indemnity Compensation
Dependency and Indemnity Compensation (DIC) is a monthly tax-free benefit. It is available for certain surviving spouses, children, and, in some cases, parents of veterans. This is for those whose deaths were caused by a service-related condition or who meet specific eligibility criteria.
In most cases, an ex-spouse is not eligible for DIC because the VA generally requires the claimant to meet the legal definition of a surviving spouse at the time of the veteran’s death.
Survivors Pension
The Survivors Pension is a needs-based benefit for qualifying surviving spouses and unmarried dependent children of certain wartime veterans.
Eligibility depends on factors such as the veteran’s wartime service, the applicant’s income and net worth, and the claimant’s status as a surviving spouse or eligible dependent. Like DIC, a former spouse generally does not qualify after a divorce has become final.
CHAMPVA
CHAMPVA is a healthcare program that helps cover the cost of medical services for certain spouses, surviving spouses, and dependent children of veterans who meet specific disability or death-related requirements.
Eligibility is limited by federal law, and an ex-spouse generally loses eligibility upon divorce unless another legal basis for coverage exists.
VA Rules for Separated Couples
Spouses who are separated but still legally married at the time of the veteran’s death may be eligible for benefits if they were not at fault for the separation and meet at least one of the following conditions:
- 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 continuous year.
- The parties had at least one child together.
Additional Benefits
The VA also provides burial and memorial benefits for eligible veterans. These benefits may include burial in a national cemetery, a government-furnished headstone or marker, a burial flag, and, in some circumstances, reimbursement of certain burial expenses.
While a former spouse may be able to arrange funeral services or apply for reimbursement if otherwise eligible, divorce alone does not create eligibility for survivor benefits that are reserved for a qualifying surviving spouse.
For a free legal consultation, call (800) 562-9830
When is an Ex-Spouse Eligible for DOD Benefits?
To be eligible for Department of Defense 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. A former 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.
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.
Get Help Understanding Veterans Benefits
An ex-spouse is typically not eligible for a VA survivors pension through the Department of Veterans Affairs, but they may be eligible for certain DOD benefits. However, these benefits may be limited by factors such as how long the spouse was married to the veteran.
Further, the former service member 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 is dedicated to assisting clients with disability claims for veterans who qualify. We have 120 years of combined experience, and disability is all we do. Our focus is on ensuring eligible veterans receive the benefits and support they deserve. Call today for a free consultation.
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