Under current federal law, spouses of deceased service members and veterans who remarry before age 55 become ineligible for certain benefits. But new proposed legislation aims to end that penalty.
— It’s a little-known federal law that impacts tens of thousands of military families across the country. Specifically, the spouses fallen heroes leave behind.“The current law means that a surviving spouse who remarries before the age of 55 loses all their benefits.
“The doctors told us that he had opened his eyes really big and said ‘wife, kids, I love’ – and then he went into cardiac arrest,” she said.“I mean, how could I have been 35 with a three and a one-year-old, and my husband is gone?” Krista Simpson said. “I’m a stay-at-home mom. How am I going to care for my children and keep this roof over their heads? And I got very nervous.”
“Mike and Gus were teammates, I didn’t know Gus when they deployed,” she said. “I started to realize how well he cared for me and the boys, and I never thought anyone could love us like Mike, and Gus is just this incredible servant. He puts everyone before himself, especially us, no matter what.” “People are always shocked when I explain this penalty to them,” Haycock-Lohmann said, adding that TAPS has found that in the post-9/11 era, the average age of a surviving spouse is mid-twenties or early thirties. “We are asking them to wait 20 to 30 years to remarry. Which makes zero sense.”
Davis and Marine Master Sgt. John Lewis have been engaged for several years. They also have a son together and are raising him alongside Elizabeth and Matthew’s now 15-year-old daughter.But the couple has decided not to get married, at least not yet, because doing so would result in the termination of Davis’ surviving spouse benefits.
It would allow spouses of deceased service members to retain survivor benefits if they remarry, no matter their age.The bill was first referred to the Senate Committee on Veterans’ Affairs, where Haycock-Lohmann was among those who offered testimony in support of the bill.
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