Can a Divorced Spouse Get Veterans Benefits?
For many veterans, serving their country comes with a range of benefits and compensation for their service. But what happens when a veteran gets divorced? Can their ex-spouse still receive these benefits? The answer is a resounding yes. In this article, we’ll explore the details of veterans’ benefits for divorced spouses and what they can expect.
What Veterans’ Benefits are Available?
Before we dive into the specifics of divorced spouse benefits, it’s essential to understand what veterans’ benefits are available. These can include:
- Disability compensation for service-connected injuries or illnesses
- Death gratuities and burials for surviving spouses and dependents
- Educational and vocational training
- Health care and medical benefits through the Department of Veterans Affairs (VA)
- Pension benefits for low-income, wartime veterans and their survivors
- Home loan guarantees and other financial benefits
Who is Eligible for Veterans’ Benefits as a Divorced Spouse?
In general, a divorced spouse is eligible for veterans’ benefits if they were married to the veteran for at least 10 years. However, there are some exceptions and additional requirements that may apply. For example:
- 10-Year Rule: If the divorce occurred after January 1, 1971, and the veteran served for at least 90 days during wartime, the ex-spouse may be eligible for benefits.
- 55-Year Rule: If the divorce occurred before January 1, 1971, and the veteran served for at least 90 days during wartime, the ex-spouse may be eligible for benefits, provided they are at least 55 years old or older.
- Dependency and Indemnity Compensation (DIC): A surviving spouse may be eligible for DIC benefits if their veteran spouse died from a service-connected condition or at least 10 years have passed since the veteran’s discharge.
How Do Divorced Spouses Apply for Veterans’ Benefits?
To apply for veterans’ benefits as a divorced spouse, you’ll need to gather the necessary documents and submit an application. Here are the general steps:
- Gather Required Documents:
- Marriage certificate
- Divorce decree
- Copy of the veteran’s military service records
- Social Security number and other identifying information
- Choose the Right Form: You’ll need to submit a claim form to the VA. The type of form you’ll need will depend on the type of benefit you’re applying for. For example, Form 21-1038 is used for dependency and indemnity compensation, while Form 21-8940 is used for special monthly compensation.
- Submit Your Claim: You can submit your claim online, by mail, or in person at a local VA office. Make sure to keep a copy of your application for your records.
Frequently Asked Questions
- Can I still apply if my ex-spouse has remarried? No, if your ex-spouse has remarried, you are no longer eligible for benefits.
- Can I apply if I’m not receiving child support or alimony from my ex-spouse? Yes, your ability to receive child support or alimony has no impact on your eligibility for veterans’ benefits.
- Do I need to apply for benefits every year? No, once your claim is approved, your benefits will continue until the VA receives notice of a change in your marital status.
Conclusion
While serving in the military comes with its own set of challenges, the benefits and compensation available to veterans and their families can be a welcome relief. For divorced spouses, these benefits can be a lifeline, providing financial security and a sense of peace. By understanding the eligibility requirements, application process, and benefits available, divorced spouses can navigate the system with ease and ensure they receive the benefits they deserve.
Additional Resources
- VA Form 21-1038: Application for Death Compensation and/or Pension ( DIC)
- VA Form 21-8940: Application for Special Monthly Compensation (SMC)
- VA Benefits for Survivors and Dependents Fact Sheet
- VA Healthcare Benefits for Survivors and Dependents Fact Sheet
