Veteran_ Resource_ book_2014

Even if the marriage between the surviving spouse and the veteran cannot
be recognized for VA purposes because of some legal impediment, it may still
be “deemed valid” for VA benefits purposes providing several requirements are
all met:
1. The purported marriage occurred one year or more before the veteran died or
existed for any length of time if a child was born of the purported marriage or
was born to them before such marriage;
2. The claimant entered into the marriage without knowledge of the
impediment;
3. The claimant continuously cohabited with the veteran from the date of the
marriage to the date of the veteran’s death; and
4. No claim has been filed by a legal surviving spouse who has been found
entitled to gratuitous death benefits (other than accrued monthly benefits
covering a period prior to the veteran’s death).
If the veteran and the surviving spouse had lived in a common-law relationship,
then even if such relationship was not legally recognized in their state of
residence, it also may still be “deemed valid” for VA benefits purposes if all of the
above requirements are satisfied.
Remarriage of a surviving spouse generally terminates eligibility for DIC.
Eligibility may be reestablished if the remarriage is terminated by death, divorce,
or annulment. Beginning January 1, 2004, a surviving spouse age 57 or older
who is eligible for DIC and related benefits and who remarries will not lose any
eligibility because of such remarriage.
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