Remarriage can affect a surviving spouse eligibility for DIC, but the rules have changed over time and are more favorable than many people realize. If you remarried on or after December 16, 2003, and you were age 57 or older at the time of the remarriage, you remain eligible for DIC. Your remarriage does not terminate your benefits. If you remarried before age 57 and before December 16, 2003, your DIC was terminated. However, if that later marriage ends through death, divorce, or annulment, your DIC eligibility can be restored. You must apply for reinstatement and provide documentation that the later marriage has ended. If you remarried before age 57 and after December 16, 2003, your DIC is terminated but can be restored if the marriage ends. This provides a safety net for surviving spouses who remarry and later find themselves single again. Children receiving DIC in their own right are not affected by the surviving spouse remarriage. If DIC was being paid to the surviving spouse on behalf of the children and the spouse remarriage terminates their DIC, the children DIC continues and is paid to the children or their custodian. Understanding these rules is important for financial planning. If you are a surviving spouse considering remarriage, be aware of how your age and the current date interact with DIC eligibility.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).