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Does the VA recognize common law?

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allansc2005

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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? 

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You award dependency based on info in a 21-686c. There isn't an area to characterize the marriage.

VA Form 21-686c DECLARATION OF STATUS OF DEPENDENTS

The VA will ask for a marriage cert if you put down different dates from your last 686c (or 0538), leave things off, or dates from previous marriages overlap. They do check forms like a hawk because it's almost as many points to 'develop', as it is to generate.

Sometimes they will just demand because they don't want to generate the award, and asking you for something 'bumps' the file out of their queue- Yes, even if you provided necessary info.

There is SS matching done on a percentage every month. Rarely, there are matches where you find the spouse married to another Veteran- I suppose deceased, or wrong numbers also.

 

M21-1, Part X, Chapter 08 - Social Security Number (SSN) Verification

Edited by MikeHunt
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I believe the widows benefits is either 66% of what the individual paid in - not the full amount - just for calculation purposes -

I also believe there is a calculator on the C14Mech link to the SSA site.

Even if you are divorced, this is still available to a spouse - either gender, if they did not pay in & the person is deceased. F Y I 

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