Common-Law Spouses: Va Benefits Eligibility

Common-law marriage is an old concept that is often misunderstood. However, common-law marriages can qualify when it comes to VA loan eligibility. In states where common-law marriages are recognised, as long as the couple meets the requirements, the VA views them as married and the spouse qualifies for the DIC. In states that do not recognise common-law marriage, the spouse claimant may still qualify for DIC benefits. To be eligible for dependency and indemnity compensation, the cause of the veteran's death must be a service-connected disease or injury.

Common law marriages and VA loan eligibility

Common-law marriages can qualify when it comes to VA loan eligibility. However, it is a complex and often misunderstood concept. For VA benefits and services, the VA will only recognise marriages that are recognised as marriages under state law. If the veteran indicates that their same-sex marriage is a common-law marriage, claims processors must determine whether the same-sex relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages.

In states where common-law marriages are recognised, as long as the couple meets those requirements, the VA views them as married and the spouse qualifies for the DIC. But in states that do not recognise common-law marriage, or the couple had not been married for one year prior to the veteran's death, the spouse claimant may still qualify for DIC benefits. VA General Counsel has established that a lack of residence in a state that does not recognise common-law marriage should not be a bar for establishing a DIC claim. VA law states that, "In certain circumstances, the VA may determine a marital-type relationship to be a 'deemed valid marriage' even where no legal marriage was created under state law".

Most common-law DIC claims are not always straightforward, for under VA law, a common-law type of relationship would only qualify if the spouse was "unaware of the existence of the legal impediment" at the time of the veteran's death. To be eligible for dependency and indemnity compensation, an individual must meet one of the many qualifications. The cause of the veteran's death must be a service-connected disease or injury.

Common law marriages and DIC benefits

Common-law marriages can qualify for VA loan eligibility. In states where common-law marriages are recognised, the VA views common-law spouses as married, and they qualify for DIC benefits. However, in states that do not recognise common-law marriage, the spouse claimant may still qualify for DIC benefits. VA General Counsel has established that a lack of residence in a state that does not recognise common-law marriage should not be a bar for establishing a DIC claim.

VA law states that:

> In certain circumstances, the VA may determine a marital-type relationship to be a 'deemed valid marriage' even where no legal marriage was created under state law.

Most common-law DIC claims are not always straightforward. Under VA law, a common-law type of relationship would only qualify if the spouse was "unaware of the existence of the legal impediment" at the time of the veteran's death.

To be eligible for DIC benefits, the cause of the veteran's death must be a service-connected disease or injury. VA will treat all married couples the same, regardless of the sex of the spouses.

Common law marriages and dependency and indemnity compensation

For the purposes of VA benefits, the VA will only recognise marriages that are recognised as "marriages" under state law. This includes common-law marriages, as long as the couple meets the requirements of the state in which they live. In states where common-law marriages are not recognised, or the couple had not been married for one year prior to the veteran's death, the spouse may still qualify for DIC benefits.

DIC stands for dependency and indemnity compensation. This is a monthly compensation payment that is applicable under certain circumstances. To be eligible, the cause of the veteran's death must be a service-connected disease or injury.

Common-law marriages can also qualify when it comes to VA loan eligibility. However, most common-law DIC claims are not always straightforward. Under VA law, a common-law type of relationship would only qualify if the spouse was "unaware of the existence of the legal impediment" at the time of the veteran's death.

The VA General Counsel has established that a lack of residence in a state that does not recognise common-law marriage should not be a bar for establishing a DIC claim. VA law states that "in certain circumstances, the VA may determine a marital-type relationship to be a 'deemed valid marriage' even where no legal marriage was created under state law".

Common law marriages and VA recognition

Common-law marriage is an old concept and one that is often misunderstood. However, common-law marriages can qualify when it comes to VA loan eligibility.

For VA benefits and services, the VA will only recognise marriages that are recognised as "marriages" under state law. If a veteran indicates that their same-sex marriage is a common-law marriage, claims processors must determine whether the same-sex relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages. The VA will treat all married couples the same, regardless of the sex of the spouses.

In states where common-law marriages are recognised, as long as the couple meets those requirements, the VA views them as married and the spouse qualifies for the DIC. However, most common-law DIC claims are not always straightforward. Under VA law, a common-law type of relationship would only qualify if the spouse was "unaware of the existence of the legal impediment" at the time of the veteran's death.

If a veteran passes away, their spouse and other family members may be eligible for additional benefits. Specifically, the veteran's spouse may be eligible for dependency and indemnity compensation (DIC), a monthly compensation payment that is applicable under certain circumstances. To be eligible for DIC, the cause of the veteran's death must be a service-connected disease or injury.

Common law marriages and same-sex relationships

Common-law marriages can qualify for VA benefits, but it depends on the state. If the state recognises common-law marriages, then the VA will view the couple as married and the spouse will qualify for benefits. However, if the state does not recognise common-law marriage, the spouse may still qualify for benefits if the couple had been together for at least a year before the veteran's death. The VA General Counsel has established that a lack of residence in a state that does not recognise common-law marriage should not be a bar for establishing a claim.

Same-sex relationships are treated the same as heterosexual relationships by the VA. If a veteran indicates that their same-sex marriage is a common-law marriage, claims processors must determine whether the relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages.

Common-law marriages can also qualify when it comes to VA loan eligibility. However, most common-law claims are not always straightforward. Under VA law, a common-law type of relationship would only qualify if the spouse was "unaware of the existence of the legal impediment" at the time of the veteran's death.

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