Can a remarried surviving spouse qualify for A&A??

Discussion in 'General Discussion' started by chip, Jan 5, 2009.

  1. chip

    chip Newbie

    My father is a deceased veteran. About five years after his death, my mother married a non-veteran, and has subsequently been widowed again. can she be eligible for A&A??

    A local agent said no, but was unable to quote or cite any references or publication. The Form 21-534 asks for the marriage history of the surviving spouse, but makes no reference that remarriage may be a disqualification. A VA post on this forum about eligibility says only that the marriage must be ended by the death of the veteran, which was the case for my parents.

    This seems like the kind of basic question for which the answer should be clear and available. Has someone found it?

    Many thanks, chip
     
  2. Patty

    Patty Newbie

    Go ahead and apply - it depends on your mothers age at your father's death and the years it all happened, but the rules lean towards giving it to her, so no matter what anyone tells you, you should apply - you can search marriage pension on www.va.gov for the ruling - but I recommend filing.
     
  3. Sandy

    Sandy searching for service-connected widows

    Sorry I didn't see your post sooner. A member of my chapter of Gold Star Wives of America who lost her second non-military husband is now receiving A and A.
    You don't say that your father's death was service connected, but I don't know that that would make a difference here. If he was service connected, please email me for more information at drummin@maine.rr.com
     
  4. Max

    Max Hero Member

    A remarried spouse cannot receive pension with A&A. A spouse who remarries after the age of 57 can still be eligible for DIC, a spouse who remarries and then has the second marriage terminate (for any reason) is eligible for DIC, but not death pension under any circumstance.
     
  5. Drew43920

    Drew43920 Newbie

    I am not an expert :
    "A surviving spouse of a War Veteran may be eligible if he/she remained married to the Veteran until his/her time of death and has not remarried. The only exception to this rule is if the remarriage took place after January 1, 1971 and ended before November 1, 1990. The individual must meet medical, service and financial qualifications"
    Drew
     

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