DIC and Remarriage: What Happens to Your Benefits
Remarriage can affect a surviving spouse's eligibility for Dependency and Indemnity Compensation (DIC), but the rules are more favorable than many people realize. This guide covers when remarriage ends DIC, the exceptions, how DIC comes back after a later marriage ends, the different ages for other survivor benefits, and what happens to the children's DIC.
The rules below come from 38 U.S.C. 103(d) (U.S. Code, 2024 edition, on govinfo) and 38 CFR 3.50, 3.55 and 3.152 as published on eCFR (current through October 26, 2026), all read on October 28, 2026.
The general rule
Under 38 CFR 3.50(b)(2), a surviving spouse is someone who, except as 3.55 provides, has not remarried and has not, since the veteran's death and after September 19, 1962, lived with another person while holding themselves out openly to the public as that person's spouse. So remarriage ends DIC unless one of the exceptions below applies.
The exceptions
| Situation | Effect on DIC | Source |
|---|---|---|
| You remarried after age 55 | Does not bar DIC | 38 U.S.C. 103(d)(2)(B); 38 CFR 3.55(a)(9)(iii) |
| The later marriage was void, or was annulled by a court | Does not bar DIC, unless VA finds the annulment was obtained by fraud or collusion | 3.55(a)(1) |
| Your later marriage ended by death, divorce or annulment | Does not bar DIC, unless VA finds the divorce or annulment was obtained by fraud or collusion | 3.55(a)(3) |
| You stopped living with another person as their spouse | Does not bar DIC once you stop | 3.55(a)(6) |
The age-55 rule applies to a remarriage at any time (3.55(a)(9)(iii)). Remarrying after 55 does not end DIC, so there is nothing to restore.
When a later marriage ends
If you remarried before 55 and that marriage ends by death or divorce, or you stop living with another person as their spouse, DIC eligibility starts again the month after the marriage or the relationship ends (38 U.S.C. 103(d)(4)). The DIC guide covers how to apply.
Other survivor benefits use different ages
For CHAMPVA, remarriage after 55 does not bar benefits (3.55(a)(9)(i)). For Chapter 35 education and VA home loans, the age is 57 (3.55(a)(10)(i)). A remarriage after that age but before December 6, 2002, for CHAMPVA, or before December 16, 2003, for education and home loans, qualified only if VA received the application before December 16, 2004 (3.55(a)(9)(ii), (a)(10)(ii)). A later marriage that ended by death, divorce or annulment does not bar these benefits either (3.55(a)(4)).
The children's DIC
If a surviving spouse's DIC ends because of remarriage, the veteran's children can be paid DIC in their own right. A claim is required (3.152(c)(1)). If the children were named in the spouse's claim and the evidence VA asks for comes in within one year of the request, VA treats the spouse's claim as a claim for them; otherwise, payment can't go back before the date of a new claim (3.152(c)(4)). The DIC guide covers children's eligibility.