What Is the VA’s Policy Regarding Benefits to Same-Sex Couples?

According to VA guidance, marriages will be accepted as valid according to where the couple lived at the time of marriage or where the couple lived when a claim was filed.  This guidance, developed in consultation with other federal agencies, is based in law.

38 USC 103 – Special Provisions relating to marriages

“(c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.”
 

Yes – your marriage is valid for VA benefits or services if:


• If your marriage was legal where you or your spouse lived, where you or your spouse lived when a claim was filed, or where you or your spouse lived when eligibility requirements for benefits were met.
• If you or your spouse move to a state where same-sex marriage is legal while a claim for VA benefits is pending.
• If the Veteran is deceased, and his/her last state of residence held that same-sex marriages was legal.
 

No – your marriage is not valid for VA benefits or services if:


• If your marriage was not legal where you or your spouse lived, where you or your spouse lived when a claim was filed, or where you or your spouse lived when eligibility requirements for benefits were met (i.e., you had to travel to a recognition state for the ceremony).
• If the state in which you or your spouse live, where you or your spouse lived when a claim was filed, or where you or your spouse lived when eligibility requirements for benefits were met does not recognize your marriage that took place in another State.
• If the Veteran is deceased, and his/her last state of residence held that same-sex marriages was not legal.