**§3.55 Reinstatement of benefits eligibility based upon terminated
marital relationships.**

\(a\) *Surviving spouse*.

\(1\) Remarriage of a surviving spouse shall not bar the furnishing of
benefits to such surviving spouse if the marriage:

\(i\) Was void, or

\(ii\) Has been annulled by a court having basic authority to render
annulment decrees, unless it is determined by the Department of Veterans
Affairs that the annulment was obtained through fraud by either party or
by collusion.

\(2\) On or after January 1, 1971, remarriage of a surviving spouse
terminated prior to November 1, 1990, or terminated by legal proceedings
commenced prior to November 1, 1990, by an individual who, but for the
remarriage, would be considered the surviving spouse, shall not bar the
furnishing of benefits to such surviving spouse provided that the
marriage:

\(i\) Has been terminated by death, or

\(ii\) Has been dissolved by a court with basic authority to render
divorce decrees unless the Department of Veterans Affairs determines
that the divorce was secured through fraud by the surviving spouse or by
collusion.

\(3\) On or after October 1, 1998, remarriage of a surviving spouse
terminated by death, divorce, or annulment, will not bar the furnishing
of dependency and indemnity compensation, unless the Secretary
determines that the divorce or annulment was secured through fraud or
collusion. (Authority: 38 U.S.C. 1311(e))

\(4\) On or after December 1, 1999, remarriage of a surviving spouse
terminated by death, divorce, or annulment, will not bar the furnishing
of benefits relating to medical care for survivors and dependents under
38 U.S.C. 1781, educational assistance under 38 U.S.C. chapter 35, or
housing loans under 38 U.S.C. chapter 37, unless the Secretary
determines that the divorce or annulment was secured through fraud or
collusion. (Authority: 38 U.S.C. 103(d))

\(5\) On or after January 1, 1971, 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 shall not bar the
furnishing of benefits to him or her after he or she terminates the
relationship, if the relationship terminated prior to November 1, 1990.

\(6\) 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))

\(7\) On or after December 1, 1999, 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 benefits relating to medical care for survivors and
dependents under 38 U.S.C. 1781, educational assistance under 38 U.S.C.
chapter 35, or housing loans under 38 U.S.C. chapter 37 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. 103(d)).

\(8\) On or after January 1, 1971, the fact that benefits to a surviving
spouse may previously have been barred because his or her conduct or a
relationship into which he or she had entered had raised an inference or
presumption that he or she had remarried or had been determined to be
open and notorious adulterous cohabitation, or similar conduct, shall
not bar the furnishing of benefits to such surviving spouse after he or
she terminates the conduct or relationship, if the relationship
terminated prior to November 1, 1990.

\(9\) Benefits under 38 U.S.C. 1781 for a surviving spouse who remarries
after age 55.

\(i\) On or after February 4, 2003, the remarriage of a surviving spouse
after age 55 shall not bar the furnishing of benefits relating to
medical care for survivors and dependents under 38 U.S.C. 1781, subject
to the limitation in paragraph (a)(9)(ii) of this section.

\(ii\) A surviving spouse who remarried after the age of 55, but before
December 6, 2002, may be eligible for benefits relating to medical care
for survivors and dependents under 38 U.S.C. 1781 pursuant to paragraph
(a)(9)(i) only if the application for such benefits was received by VA
before December 16, 2004. (Authority: 38 U.S.C. 103).

\(10\) Benefits for a surviving spouse who remarries after age 57.

\(i\) On or after January 1, 2004, the remarriage of a surviving spouse
after the age of 57 shall not bar the furnishing of benefits relating to
dependency and indemnity compensation under 38 U.S.C. 1311, medical care
for survivors and dependents under 38 U.S.C. 1781, educational
assistance under 38 U.S.C. chapter 35, or housing loans under 38 U.S.C.
chapter 37, subject to the limitation in paragraph (a)(10)(ii) of this
section.

\(ii\) A surviving spouse who remarried after the age of 57, but before
December 16, 2003, may be eligible for dependency and indemnity
compensation under 38 U.S.C. 1311, medical care for survivors and
dependents under 38 U.S.C. 1781, educational assistance under 38 U.S.C.
chapter 35, or housing loans under 38 U.S.C. chapter 37 pursuant to
paragraph (a)(10)(i) only if the application for such benefits was
received by VA before December 16, 2004. (Authority: 38 U.S.C. 103).

\(b\) *Child*.

\(1\) Marriage of a child shall not bar the furnishing of benefits to or
on account of such child, if the marriage:

\(i\) Was void, or

\(ii\) Has been annulled by a court having basic authority to render
annulment decrees, unless it is determined by the Department of Veterans
Affairs that the annulment was obtained through fraud by either party or
by collusion.

\(2\) On or after January 1, 1975, marriage of a child terminated prior
to November 1, 1990, shall not bar the furnishing of benefits to or for
such child provided that the marriage:

\(i\) Has been terminated by death, or

\(ii\) Has been dissolved by a court with basic authority to render
divorce decrees unless the Department of Veterans Affairs determines
that the divorce was secured through fraud by either party or by
collusion. (Authority: 38 U.S.C. 103; 105 Stat. 424, 106 Stat. 4322)

\[40 FR 16065, Apr. 9, 1975, as amended at 44 FR 22718, Apr. 17, 1979;
56 FR 25044, June 3, 1991; 57 FR 10426, Mar. 26, 1992; 58 FR 32444, June
10, 1993; 60 FR 52863, Oct. 11, 1995; 64 FR 30245, June 7, 1999; 65 FR
43699, July 14, 2000; 71 FR 29084, May 19, 2006\]

**Cross references**: Evidence. See §§3.206 and 3.207. Termination of
marital relationship or conduct. See §3.215.

**Supplement *Highlights* references**: 8(2a), 18(2), 38(1), 43(1),
71(2).

Reserved