Keith Mack
The benefits available to common-law spouses of veterans vary depending on the state in which the veteran resides and whether that state recognizes common-law marriage. The VA will recognize a common-law marriage if the state in which the veteran lives acknowledges it and if the state's requirements for a common-law marriage are met. In states where common-law marriages are recognized, the VA considers the couple married, and the spouse qualifies for DIC benefits. However, in states that do not recognize common-law marriage, the spouse may still be eligible for DIC benefits if the veteran and spouse were together for at least a year before the veteran's death. The VA also offers additional disability compensation for a qualified spouse, child, or parent if certain requirements are met.
| Characteristics | Values |
|---|---|
| VA recognition of common-law marriage | If the state in which the Veteran resides recognizes common-law marriage and the state's requirements for a common-law marriage are met, then the VA will recognize it. |
| VA recognition of same-sex marriage | The VA treats all married couples the same, regardless of the sex of the spouses. |
| VA recognition of marriage | The VA recognizes a Veteran's marriage if it was recognized under the law of the place where at least one of the parties resided when they were married or when the claimant became eligible for benefits. |
| VA recognition of deemed valid marriage | If the VA Rater determines that the claimant was without knowledge of the impediment to the marriage, and all the elements of a common-law marriage are present, then a deemed valid marriage can be established. |
| VA spousal benefits | The surviving spouse must have been married to the Veteran for at least a year to qualify for VA spousal benefits. There are some exceptions to this rule. |
| VA spousal benefits for DIC | In states where common-law marriages are recognized, the spouse qualifies for DIC benefits as long as the couple meets the requirements. |
| VA spousal benefits for Pension | The surviving spouse is entitled to VA pension benefits if the Veteran was receiving DIC. |
| VA benefits for family and caregivers | Monthly payments, home loan programs, life insurance options, and online benefit management tools are available for Veterans and their families. |
| VA benefits for caregivers | Support, training, counseling, and payments are available for caregivers of Veterans. |
| VA benefits for dependents | You may be eligible for additional disability compensation for a qualified spouse, child, and/or parent if you meet the requirements. |
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What You'll Learn
Common-law marriage recognition
The recognition of common-law marriages varies across different states. The VA will recognize a common-law marriage if the state in which the veteran resides recognizes common-law marriage and the state's requirements for a common-law marriage are met. This includes same-sex marriages, which the VA treats the same as any other marriage.
If a couple meets the requirements for a common-law marriage in a state that recognizes such marriages, then the VA views them as married, and the spouse qualifies for DIC benefits. However, in states that do not recognize common-law marriage, or if the couple had not been married for at least a year before the veteran's death, the spouse may still qualify for DIC benefits if they meet certain requirements. For example, the VA may determine a "marital-type relationship" to be a "deemed valid marriage" even without a legal marriage under state law. Additionally, the spouse would need to provide a personal statement and have at least two individuals attest to their knowledge of the relationship.
It is important to note that the VA is updating its forms to clarify that same-sex married couples and their dependents are eligible for benefits. This includes replacing references to "husband" or "wife" with "spouse" and appropriately referencing children of same-sex marriages.
In terms of benefits, a common-law wife recognized by the VA may be eligible for additional disability compensation as a dependent spouse. The VA also offers benefits such as home loans, life insurance, and burial or memorial benefits for spouses, dependent children, surviving spouses, and surviving children.
If you are caring for a veteran, you may also be eligible for support and benefits to help with their care and your well-being. These benefits can include training, counseling, and payments.
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VA-backed loans
The Department of Veterans Affairs (VA) recognizes common-law marriages for VA-backed home loans, provided the couple is buying in a state that recognizes common-law marriage, and they meet the state's requirements. Common-law marriages are recognized in only about a dozen states, and the requirements for what constitutes a common-law marriage vary by state. For example, in some states, couples must live together for a certain number of years—with seven being a frequently cited number—but this does not automatically qualify them as common-law spouses.
If you are in a common-law marriage and seeking a VA-backed home loan, it is critical to determine your common-law status. You can do this by obtaining a Certificate of Eligibility (COE) to show your lender that you qualify for this benefit. You will also need to meet your lender's credit and income requirements to get the loan.
It is important to note that different VA lenders may have different requirements, so it is recommended to talk with a loan officer for more detailed information. Additionally, if you are a veteran seeking a VA loan and your co-borrower is neither a spouse nor an eligible veteran, you will typically need to make a down payment of 12.5% to 14.5%.
The VA also offers other benefits for surviving spouses, such as Family Servicemembers' Group Life Insurance (FSGLI) coverage and burial in a VA national cemetery.
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Life insurance
There are several life insurance options available for veterans and their families. These include:
- Servicemembers' Group Life Insurance (SGLI): This is a low-cost group term life insurance program for active-duty servicemembers, Ready Reserve and National Guard members, and others. Coverage can be extended for up to two years if the servicemember is totally disabled at separation.
- Family Servicemembers' Group Life Insurance (FSGLI): Spouses of veterans may be eligible for this coverage.
- Veterans' Group Life Insurance (VGLI): Available to all service-connected veterans aged 80 and under.
- Servicemembers' Group Life Insurance Traumatic Injury Protection (TSGLI): This is an automatic feature of SGLI that provides payments to servicemembers who suffer losses due to traumatic injuries that occur in service.
- Veterans' Mortgage Life Insurance (VMLI): Provides mortgage life insurance protection to disabled veterans who have been approved for a VA Specially Adapted Housing (SAH) grant.
These life insurance plans can provide financial security for veterans, service members, and their spouses and dependent children. Spouses of veterans can also receive free financial advice and will preparation services.
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Burial benefits
The VA also provides burial allowances to help cover burial, funeral, and transportation costs. If the Veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed. The VA provides burial benefits for all legal burial types, including cremation and burial at sea. They also provide benefits for donating the Veteran's remains to a medical school.
To claim a burial allowance, you may need to provide the following documents:
- The Veteran's death certificate, including the cause of death
- An itemized receipt for transportation costs (only if you paid for the Veteran's transportation costs)
- The Veteran's DD214 or other separation documents, including all service periods
- If claiming an allowance for a service-connected death, you can submit additional supporting documents, such as medical records
If the Veteran died on or after October 1, 2024, the VA will pay a $978 burial allowance and $978 for a plot. If the Veteran died before this date, the allowance and plot payment decrease, depending on the date of death. For deaths prior to September 11, 2001, the VA will pay up to $1,500.
If you are the surviving spouse of a Veteran, you may also be eligible for a VA-backed home loan and bereavement counseling.
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Additional disability compensation
As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, including additional disability compensation. The monthly payment amount is based on disability rating and details about dependent family members. For example, if you're a Veteran with a 70% disability rating, a spouse, and three dependent children under the age of 18, you would start with a basic rate of $2,018.19 (for a Veteran with a spouse and one child). Since your basic rate already includes payment for one child, you would add the rate of $74.00 for each additional child (so $74 x 2). If your spouse receives Aid and Attendance, you would also add $137 (for a Veteran with a 70% disability rating).
If you're claiming a child who became permanently disabled before turning 18, you'll need to submit all private medical records relating to the child's disabilities with your application. If your dependent is a child between 18 and 23 years old and attending school full-time, you'll need to submit a Request for Approval of School Attendance (VA Form 21-674) with your application.
To file a claim for additional disability compensation for a dependent parent, you'll need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail.
If you're the surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, you may be able to get a tax-free monetary benefit called VA Dependency and Indemnity Compensation (DIC).
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Frequently asked questions
In states where common-law marriages are recognized, the VA views the couple as married and the spouse qualifies for DIC (disability indemnity compensation). In states that do not recognize common-law marriage, the spouse may still qualify for DIC benefits if they were unaware of the existence of the legal impediment at the time of the Veteran's death. The VA will recognize a common-law marriage if the state in which the Veteran resides recognizes common-law marriage and the state's requirements are met.
Adding a dependent spouse to your VA disability benefits may make you eligible to receive a higher compensation payment.
Spouses may be eligible for a VA-backed loan to buy, build, improve, or refinance a home. They may also be eligible for Family Servicemembers' Group Life Insurance (FSGLI) coverage.
