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removing spouse as dependant

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adkins7b

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I am getting a divorce and want to have my wife removed but i guess i have to file something or send in the information does anyone know how long this will take? I called the 1800 number and they just told me it take awhile but could not give me a timeframe.

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  • HadIt.com Elder
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Dam this really sucks because I have met someone new and i'm 100 percent disabled and want them to get the money for school and plan on getting remarried it sounds like this takes awhile.

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  • Content Curator/HadIt.com Elder

Use ebenefits. Mine did not take very long at all. I talked with a number of folks at the 1-800 number and my local reps who said the same thing.

Here's some more advice:
Even though the VA may be paying you for dependency for your soon to be ex-wife, make sure you you have copies of the marriage and divorce papers for every marriage you ever had. It sounds crazy, but I found this out the hard way after remarrying about six years ago. Luckily, I had copies in my vault and was able to provide the missing ones. Yes, the VA does lose/misplace/can't find stuff like this. Last thing you would want to do is get it held up on a documentation issue.

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Once a spouse is added to a Veteran's award they cannot be removed except by divorce or death. This is because a spouse has certain rights to benefits. So, you do need to wait until the divorce is final.

The good news is you can log on to eBenefits and submit VA Form 21-686c, Declaration of Status of Dependents. Be sure to fill it out correctly and completely. Be sure to include ALL dependents on your award, past and present. So, if you have three kids and a divorced spouse, you want to list all of them. Include all dates and places of birth, date and place of marriage and date and place of divorce. If all of the information matches what is in the electronic system. Then the removal of your divorced spouse will occur electronically. Just like magic. If you don't have an eBenefits account just create one. 

Now, if it doesn't get processed electronically then I would go down to the regional office with a copy of your divorce decree and request they take action ASAP. Otherwise, the process could take a very long time, but there is no doubt the VA will collect any and all over payments unless you can clearly show that it would create an undue hardship. Not very likely to happen.

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