Legally Separated Spouse

Discussion in 'Surviving Spouse Application' started by MKenny, Aug 19, 2015.

  1. MKenny

    MKenny Newbie

    Can anyone tell me, for sure, if a spouse can qualify for aid and attendance - if they were legally separated from the veteran? They were never divorced, but did have a legal separation. I've found differing info online - and was wondering if anyone might know this before we start the application process. Thanks!
     
  2. vetadmin

    vetadmin Administrator Staff Member

    What were the grounds on the legal separation? Is the veteran still living?

    The VA goes by "legally" married to the veteran at the time of their death.
     
  3. DorisMae

    DorisMae Newbie

    My parents were legally separated when my father received his A&A award, which took in to consideration my mother's expenses at her dementia facility. Seems it should work the other way around, too?
     
  4. vetadmin

    vetadmin Administrator Staff Member

    If this is the case, then I feel that the separation must not have been disclosed, and his status on the application was marked as "married"?
     
  5. DorisMae

    DorisMae Newbie

    It was several years ago and someone else helped him fill out the application. I think it you aren't legally divorced, then they consider you married. When my mother died earlier this year, social security rescinded her check and then later reissued it to my father since he was on record as being her spouse (but since they weren't living together when she died, they wouldn't give him the $255 pay to help with final expenses).
     
  6. vetadmin

    vetadmin Administrator Staff Member

    To that point, the separation was not noted on the application, and for purposes, they are still "legally" married.
     

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