Remarriage Rules: What Surviving Spouses Should Know

Remarriage Rules: What Surviving Spouses Should Know
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When a military retiree passes away or a servicemember dies on active duty, their surviving spouse remains eligible for all benefits that were previously authorized, including TRICARE, TRICARE For Life, and commissary and exchange privileges. However, surviving spouses who remarry may become ineligible for many military benefits, with a few exceptions.

 

Here’s a breakdown of how remarriage affects a surviving spouse’s ability to access a range of service-connected programs and benefits. Note: MOAA continues its support of the Love Lives On Act, which would restore certain benefits to survivors who remarry before age 55; learn more about the bill, and write your lawmakers to seek their support, at this link.

 

Health Care

Spouses who remarry lose access to TRICARE unless they marry another servicemember or retiree. If there are dependents, they are eligible for military health care until they age out or otherwise lose eligibility.

 

Even if the remarriage ends in death or divorce, the surviving spouse cannot regain their TRICARE benefit.

 

If a spouse remarries and no longer qualifies for TRICARE, they might be eligible for health benefits through the Civilian Health and Medical Program of the Department of Veterans Affairs, or CHAMPVA.

 

To be eligible for CHAMPVA, one must be the surviving spouse of a veteran who died from a service-connected disability or who was rated permanently and totally disabled at the time of their death.

 

CHAMPVA eligibility is lost if the remarriage occurs prior to age 55, but it can be restored in the case of death or divorce. Eligibility is unaffected if the remarriage takes place after age 55.

 

[MORE FROM MOAA: What Happens When I Remarry?]

 

Survivor Benefit Plan

The Survivor Benefit Plan (SBP) allows retired military personnel to leave a portion of their pay to eligible beneficiaries. If a retiree elected to participate in SBP, eligibility for the annuity beings on the day after the veteran’s death. SBP is automatic for those who die on active duty.

 

SBP payments are suspended if a surviving spouse remarries before age 55, but they can be reinstated if the new marriage ends in death or divorce. If the remarriage occurs after age 55, SBP benefits continue uninterrupted.

 

Dependency and Indemnity Compensation

Dependency and Indemnity Compensation (DIC) is a tax-free, monthly benefit from the VA paid to eligible survivors of a veteran who died while on active duty, died from a service-connected condition, or who had a rating of totally disabled for at least 10 years prior to their death.

 

Like SBP, payments are suspended if remarriage occurs before age 55, but they can be reinstated if the new marriage ends through death or divorce. If the remarriage occurs after age 55, DIC benefits can continue without interruption.

 

[UPDATED MONTHLY: MOAA’s Surviving Spouse Corner]

 

Other Military Benefits

Surviving spouses retain commissary and exchange privileges, but lose them if they remarry. These benefits are reinstated if the remarriage ends in death or divorce.

 

VA Home Loan

Some surviving spouses may have VA Home Loan Guaranty program eligibility if they were the spouse of a veteran who died while in service or from a service-connected disability, or was totally disabled. If they remarry before the age of 57, they lose this benefit.

 

Non-Military Benefits

Surviving spouses are eligible to receive Social Security survivor benefits based on the work record of the deceased worker. Survivor payments continue for remarriages after age 60 (or age 50 if disabled). At age 62 or older, a beneficiary could receive benefits based on their new spouse’s work (if those benefits would be higher).

 

Surviving Spouse Resources From MOAA

Legislative updates. Ways to connect with other surviving spouses. Information about your benefits. Bookmark this page today.

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About the Author

Lila Quintiliani, ChFC®, AFC®
Lila Quintiliani, ChFC®, AFC®

Quintiliani is MOAA's Program Director, Financial and Benefits Education/Counseling. She is a former Army Military Intelligence Officer as well as the spouse of an active-duty servicemember, and worked for over a decade at military installations as a personal financial counselor.