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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18904
Experience:  Lawyer and current JAG officer.
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I am the spouse of a deceased veteran if I want to get

Customer Question

I am the spouse of a deceased veteran if I want to get remarried will I lose my military benefits
Submitted: 8 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 8 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That really depends on which sort of benefits you are talking about. The Survivor's Benefit Plan would continue as long as you were not remarried prior to turning 55 years old. Once you are 55, you can remarry and retain those rights.

For a DIC (Dependency and Indemnity Compensation) payment, if your remarriage occurs after the age of 57 (so, 58) then you would retain the rights to payment of that benefit.

For a Survivor's Pension (different than the Survivor's Benefit plan), remarriage would invalidate the payment, regardless of your age.

For Tricare, if you remarry you lose that benefit.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 8 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.