“A surviving spouse who remarries always loses DIC.”
Since January 5, 2021, a surviving spouse who remarries at age 55 or older keeps Dependency and Indemnity Compensation. Remarriage before 55 ends it, but the benefit can be restored if that remarriage later ends.
What the regulation actually says
Dependency and Indemnity Compensation (DIC) is paid to eligible survivors of veterans who died from service connected causes. Remarriage historically ended a surviving spouse's status, but Congress has carved out age based protection.
Under 38 U.S.C. 103(d)(2)(B), as amended by the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, remarriage on or after January 5, 2021 does not bar DIC if the surviving spouse was age 55 or older at the time of remarriage. Before that amendment the age threshold was 57.
If a surviving spouse remarries before age 55 and that marriage later ends by death, divorce, or annulment, 38 CFR 3.55 allows the surviving spouse status to be restored and DIC to resume upon application.
The exceptions
- Remarriage before age 55 still terminates DIC while the new marriage lasts
- Other survivor benefits, such as CHAMPVA and education benefits, have their own remarriage rules that do not always match the DIC rule