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I am the spouse of a deceased veteran if I want to get

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remarried will I lose my...
I am the spouse of a deceased veteran if I want to get remarried will I lose my military benefits
Submitted: 1 year ago.Category: Military Law
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Answered in 7 minutes by:
7/6/2016
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,474
Experience: Lawyer and current JAG officer.
Verified

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.

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Military Lawyer: Allen M., Esq., Lawyer replied 1 year 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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