Anaya Nolan
If you are in a common-law marriage and want to add your husband to your VA benefits, there are a few things to consider. The VA will recognize a common-law marriage if the state in which the veteran resides recognizes such a union and if the state's requirements for a common-law marriage are met. In states where common-law marriages are recognized, the VA will view the couple as married, and the spouse will qualify for Dependency and Indemnity Compensation (DIC). However, in states that do not recognize common-law marriage, the spouse may still qualify for DIC benefits if certain conditions are met, including establishing a deemed valid marriage and demonstrating a lack of knowledge of the impediment to the marriage. It is important to note that the VA is updating forms to clarify that same-sex married couples and their dependents are eligible for benefits, and you can use existing forms to apply in the meantime.
| Characteristics | Values |
|---|---|
| Common-law marriage | Recognised in states where it is recognised under state law |
| Same-sex marriage | Recognised without regard to the veteran's current or previous state of residence |
| Deemed valid marriage | If the claimant was unaware of the existence of the legal impediment to the marriage |
| Burial or memorial benefits | The spouse or surviving spouse of an eligible veteran is eligible for interment in a national cemetery |
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What You'll Learn
Common-law marriage recognition
In the state of Texas, common-law marriage is a valid and legal way to marry. Couples can register their common-law marriage by filing a declaration with the county clerk. If no declaration is filed, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
Outside of the US, common-law marriage has limited recognition in Kuwait in the case of expatriate familial disputes. In Australia, common-law marriage is not recognised, but de facto relationships are recognised under the Family Law Act. In the UK, the term "common-law marriage" is used to refer to unmarried, cohabiting heterosexual couples.
The VA will recognise a common-law marriage if the state in which the veteran resides recognises common-law marriage and the state's requirements for a common-law marriage are met. VA benefits and services 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 relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages.
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Same-sex marriage recognition
The US Department of Veterans Affairs (VA) recognises all same-sex marriages, regardless of the Veteran's state of residence. This means that same-sex married couples are eligible for the same benefits as opposite-sex married couples, including health care, disability, and
The VA will recognise a common-law marriage if the state in which the Veteran resides recognises common-law marriage and the state's requirements for such a marriage are met. If the VA recognises your marriage as valid, your spouse or surviving spouse may be eligible for a variety of VA benefits. For example, if the VA has deemed you permanently and totally disabled due to a service-connected disability, your spouse may be eligible for educational benefits.
To be recognised as married by the VA, you must have lived in a state that recognises same-sex marriage at the time you got married, and you must continue to live in a state that recognises same-sex marriage. For instance, if you lived in Pennsylvania when you went to Massachusetts to get married, the VA will not consider you married because Pennsylvania does not recognise same-sex marriage. However, if you later moved to Massachusetts and were living there at the time you became entitled to Veterans' benefits, the VA will consider your marriage valid.
The VA is in the process of updating all forms that request marital status and dependent information to clarify that same-sex married couples and their dependents are eligible for benefits. In the interim, you may use existing forms to apply for benefits.
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State-specific requirements
The state-specific requirements for adding a common-law husband to VA benefits are dependent on whether the state in which the Veteran resides recognizes common-law marriage. If the state recognizes common-law marriage, the marriage will be recognized by the VA, provided that the state's requirements for a common-law marriage are met. This includes same-sex marriages, which the VA recognizes as marriages if they are recognized as such under state law.
For example, Georgia stopped recognizing common-law marriages in 1997, and Florida stopped recognizing them in 1968. However, if a couple was living together and acting as husband and wife prior to those dates, the VA will respect their common-law marriage for spousal benefits. Another requirement for VA spousal benefits is that the couple must have continuous cohabitation. This means that the couple cannot be living in separate houses or leading separate lives, even if the separation is due to job reasons. There is an exception to this rule if the couple was living separately for convenience purposes.
To apply for VA benefits for a common-law spouse, the Veteran must fill out and submit an Application Request to Add and/or Remove Dependents (VA Form 21-686c). This can be done online or by mail. If the VA has already recognized the marriage for one benefit, it will usually recognize it for other benefits or services unless there is a factual change in marital status, such as divorce or separation.
It is important to note that, as a general rule, the surviving spouse must have been married to the Veteran for at least a year to qualify for VA spousal benefits. This requirement applies even under common-law marriage. If the Veteran is receiving DIC (disability indemnity compensation), the surviving spouse is entitled to all of those benefits, provided that the application is made in a timely manner with the proper documents. The amount of VA spousal benefits may differ for VA Pension, which is a benefit for those requiring assistance with activities of daily living.
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Deemed valid marriage
The VA will recognise a common-law marriage if the state in which the veteran resides recognises common-law marriage and the state's requirements for such a marriage are met. This is true for both same-sex and opposite-sex marriages.
VA benefits and services are available to spouses, dependents, survivors, and family caregivers of veterans and service members. Spouses of veterans may qualify for certain benefits, including health care, life insurance, or money for school. The surviving spouse of a veteran may also qualify for added benefits, including help with burial costs and survivor compensation.
For the purpose of assigning an effective date for a compensation or pension claim, if the claim was pending as of September 4, 2013 (the date on which the President directed VA to cease enforcement of statutory provisions defining "spouse" and "surviving spouse" as a person of the opposite sex), the effective date will be assigned as if the laws barring VA's recognition of same-sex marriage had never been in effect. In some instances, this could mean an effective date as early as the date of marriage or as early as when VA received the claim. For the purpose of assigning an effective date for a compensation or pension claim that was not pending as of September 4, 2013, provided that the claimant met all of the eligibility requirements for the benefit by that date, and the claim was received within the following year, VA generally will assign an effective date of September 4, 2013. For claims received after September 4, 2014, including newly filed claims, VA may assign an effective date up to one year prior to the date of the claim if the claimant met all eligibility requirements on that date.
Adding a dependent may make you eligible to receive a higher compensation payment (also called a benefit rate). You can file a claim for additional compensation for a child or spouse online. You may need to provide more information or forms along with your claim. If you’re claiming your child who became permanently disabled before they turned 18, you’ll need to turn in all private medical records relating to the child’s disabilities with your application.
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Benefits for spouses
Spouses and dependents of US Veterans may be eligible for benefits and services provided by the Department of Veterans Affairs (VA). These benefits are provided to spouses to honour the sacrifices veterans have made. The benefits available to spouses vary depending on factors such as the Veteran's military service history, service-connected disabilities, income level, and marital status.
The VA recognises common-law marriages if the state in which the Veteran resides recognises common-law marriage, and the state's requirements for a common-law marriage are met. The VA also recognises same-sex marriages without regard to a Veteran's current or previous state of residence.
Spouses of veterans may be eligible for the following benefits:
- Healthcare benefits: Spouses and surviving spouses who qualify for CHAMPVA can receive prescription benefits through their local pharmacy or the VA’s Meds by Mail program.
- Education benefits: The VA provides two main GI Bill programs that offer educational assistance to military spouses and dependent children, including the Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship) Survivors’ and Dependents’ Educational Assistance (DEA) program. These programs provide tuition assistance, monthly housing allowance, and stipends to assist with education costs.
- Compensation: The VA Aid and Attendance benefit is a financial assistance program to help those who require aid with daily living activities.
- Home loans: Surviving spouses may have VA home loan eligibility and can obtain a VA-backed mortgage that offers favourable terms without a down payment.
- Burial benefits: The VA can help plan a burial in a VA national cemetery or another Veterans cemetery. Spouses can also apply for financial assistance for burial costs, access grief counselling and transition support, and request memorial items for the funeral or memorial service.
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Frequently asked questions
Yes, if you live in a state that recognizes common-law marriage and you meet the requirements for a common-law marriage in that state.
The VA General Counsel has established that a lack of residence in a state that does not recognize common-law marriage should not prevent you from establishing a DIC claim.
The requirements for a common-law marriage vary by state, but generally, you must meet the state's standards for a common-law marriage, and the relationship must be recognized as a marriage under state law.
DIC stands for Dependency and Indemnity Compensation, which is a benefit for the surviving spouse of a service member who died on active duty or a veteran who died from a service-connected disability.
You will need to provide a personal statement explaining your understanding of common-law marriage in your state and why you believe your relationship qualifies. You will also need to fill out a Statement of Marital Relationship form, and have at least two individuals who know you and your spouse submit a Supporting Statement Regarding Marriage form.
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