Does the VA recognize common law?

[allansc2005]

A buddy of mine just won 100% scheduler, has been with the same woman for the past 25 years, however, they are not "legally" married.

I don't think she is listed as a spouse in/on any of his VA records.

Will the VA recognize her as a "dependent" at his request, thus allowing her to get an ID card and enjoy the same privileges as him? 

Edited January 28, 2017 by allansc2005
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[Guest L]

allansc2005 - I  found this - for your information -   down near the bottom is the answer to your question - "basically depends on what state the veteran resides in".

https://www.va.gov/opa/marriage/

[allansc2005]

Thanks L, will pass this along to my buddy. I guess the "fun" will commence when he takes his common law wife to the ID card section on base.

 

Allan

[nytewalk]

I'm not sure how much this will help you but the military and the VA will accept common law as long as you are living in a common law state. I am the widow of a disabled veteran who died in 2013 from Agent Orange related problems. Anyway, we were in SC and began our life together in mid-1995. At that time, he added me to all his accounts and also on his military and VA records, however, we had to get two affidavits from people who knew us that would say that we were living together as man and wife from 1995 to whenever it was we filed. We also provided records of items that showed us having joint ownership of accounts and property, etc. Bottomline, it was approved. We did, however, get married before he died but I had no problems receiving DIC nor his military annuity. I might add that he was also receiving CRSC before he died. I had to go through quite a quagmire when he died because his death occurred in a civilian hospital here in the area and I was livid about his treatment and his unexpected death. I paid for a very expensive autopsy to preserve anything and everything but couldn't find an attorney to take the case. Anyway, water under the bridge but it did give me what I needed to get my DIC because they refused to write the entire cause of his death and I knew the VA wouldn't have accepted it but they did accept the autopsy. Anyway, good luck...and thank you for your service!

[Buck52]

Not meaning to hijack this thread...but on the subject of the entitled benefits

What if a veteran is 30 years retired  from the US Army  Honarably  and was getting Retirement From the Army (no comp claims)....his wife never worked  just  a homemaker  raised the children...Now  her Hubby died  ...wil she still  get  his Retirement check?  or will she need to check with SSA office? he was also getting SS Retirement.

 but what I don't know is  if she can get her SSA Started  because she never worked?.I had her to contact both the VA & SSA..

I believe she can still get a part of his Army Retirement  and part of his SS Retirement..

but I am not sure?...I had her check with them both Army & SSA

Anybody know for sure?

[C141Mech]

10 minutes ago, Buck52 said:

Not meaning to hijack this thread...but on the subject of the entitled benefits

What if a veteran is 30 years retired  from the US Army  Honarably  and was getting Retirement From the Army (no comp claims)....his wife never worked  just  a homemaker  raised the children...Now  her Hubby died  ...wil she still  get  his Retirement check?  or will she need to check with SSA office? he was also getting SS Retirement.

 but what I don't know is  if she can get her SSA Started  because she never worked?.I had her to contact both the VA & SSA..

I believe she can still get a part of his Army Retirement  and part of his SS Retirement..

but I am not sure?...I had her check with them both Army & SSA

Anybody know for sure?

Here's the information on the Survivor Benefit Plan; https://www.dfas.mil/retiredmilitary/provide/sbp.html

As for social security she can get SS benefits based upon his contribution.

hth,

Annie

[allansc2005]

nytewalk, a very heart warming story. Thanks.

 

Allan