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Author Topic: Rules for Re-Marraige and Divorce  (Read 455 times)
Need Help in NY
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« on: March 03, 2011, 09:37:02 AM »

We are trying to apply for A & A benefits for my mother.  My dad was a veteran but passed away in 1973.  My Mom remarried but then divorced.  Is there some sort of ruling that if she divorced after 1990 she wouldn't be able to apply for benefits from my dad?  My sister had a phone consultation with someone and this is what they told her.
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« Reply #1 on: March 08, 2011, 09:07:53 AM »

Since the divorce was after November 1990, she is not eligible.

7.2.2.4.2 Remarriage or Relationship Terminated Prior to November 1990
An earlier law may still be relevant in cases where the remarriage or relationship is not void or
annulled. The earlier law bases entitlement to VA benefits on when the remarriage or relationship
terminated. For example, the 1990 law may have current application where a VA claimant previously filed a claim for survivor benefits, but the claim was never adjudicated and is still pending. Or, the 1990 law may be relevant where a CUE motion challenges a previous final VA or BVA denial of benefits due to the claimant's remarriage. The following rules apply to remarriages or relationships terminated prior to November 1990:
On or after January 1, 1971, remarriage of a surviving spouse that is terminated prior to November 1, 1990 (or terminated by legal proceedings begun prior to November 1, 1990), does not bar entitlement to VA benefits if the remarriage has been terminated by death or dissolved by divorce.
On or after January 1, 1971, the fact that a surviving spouse has lived with another person and held himself or herself out openly to the public as the spouse of such other person does not bar eligibility for VA benefits if the relationship terminated prior to November 1, 1990.
On or after January 1, 1971, benefits previously barred because of conduct or a relationship that raised an inference or presumption of remarriage, or because of open and notorious adulterous cohabitation or similar conduct, does not bar eligibility for VA benefits if the relationship terminated prior to November 1, 1990.
Since 1990, the law has shifted a number of times with regard to surviving spouses who remarry or engage in marital-type conduct after the veteran's death. From November 1, 1990, until 1998, the law was very harsh. With only limited exceptions, remarried surviving spouses (or those who were in a maritaltype relationship with another person) who applied on or after November 1, 1990, were prevented from obtaining survivor benefits even if their relationship had ended. However, remarried surviving spouses who had applied for benefits prior to November 1, 1990, and whose marriage terminated prior to that date, were allowed to continue receiving their benefits.
This strict prohibition put in place in 1990 has changed incrementally. Based on these incremental changes, there are currently several categories of remarried surviving spouses who may be entitled to DIC and other VA benefits.
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wmsims
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« Reply #2 on: April 12, 2012, 03:00:05 PM »

I have the same situation, but my mother's subsequent divorce (after the death of my veteran father) was prior to 1990.  Does that mean she is eligible for the pension benefits?  And would she be eligible for the home care benefits as well as the nursing home benefits?

Thanks - this is a GREAT forum!

Bill
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« Reply #3 on: April 12, 2012, 11:09:28 PM »

Bill,

Can you explain the situation with a little more detail?

Mom divorced Dad prior to Nov 1 1990 - not understanding "after your Dad's death".  Did Mom remarry, did your Dad?  Need more info.
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