If a surviving spouse is holding themselves out to be married even though they aren’t and the are living with the person (cohabitating) are they supposed to be collecting VA benefits? It appears the surviving spouse is not eligible to collect benefits if they are married.
I found that they can have their benefits reinstated if they no longer “live” with the person. I just can’t find where it states they cannot receive benefits while living with or holding themselves out to be married. Do you know the answer to this? I looked on the Dept VA web site and couldn’t find.
Am I correct by reading this that the suriving spouse is eligible to receive benefits again once they stop living with the person?
§3.55 Reinstatement of benefits eligibility based upon terminated marital relationships.§3.55 Reinstatement of benefits eligibility based upon terminated marital relationships.
(6) On or after October 1, 1998, the fact that a surviving spouse has lived with another person and has held himself or herself out openly to the public as the spouse of such other person will not bar the furnishing of dependency and indemnity compensation to the surviving spouse if he or she ceases living with such other person and holding himself or herself out openly to the public as such other person’s spouse. (Authority: 38 U.S.C. 1311(e)) [/b]