The measure has been incorporated into the broader Take Care of America’s Veterans Act, or TCAVA, which contains dozens of veterans-related proposals. According to Newsweek, advocates have long described the existing rule as a “remarriage penalty” because surviving spouses can face a choice between entering a new marriage and keeping benefits connected to a deceased service member.
About 50,000 Spouses Could Keep DIC after Remarriage
Dependency and Indemnity Compensation, known as DIC, is a tax-free Department of Veterans Affairs benefit available to eligible survivors of veterans who died from service-connected conditions or, in some cases, had been rated totally disabled for a specified period before death.
Under current law, a surviving spouse who remarries before age 55 generally loses eligibility for DIC. The benefit can be restored if that later marriage ends through divorce, annulment or death. The Love Lives On Act would remove remarriage before 55 as a barrier to continuing the payments.
According to the Tragedy Assistance Program for Survivors, or TAPS, roughly 50,000 surviving spouses under age 55 currently receive DIC and could therefore retain those benefits if they remarry after the legislation takes effect. That figure represents the number of recipients potentially affected by the current restriction, rather than the number expected to remarry.
The proposal would also affect people who previously lost eligibility. According to Military.com, citing Congressional Budget Office estimates, about 4,750 surviving spouses who lost DIC because they remarried would begin receiving the benefit again within two years of enactment.
The CBO also estimates that about 250 surviving spouses each year would otherwise lose DIC because of remarriage before age 55. Under the proposed change, those payments would continue.
Newsweek reported that DIC currently provides surviving spouses with approximately $1,700 per month. Supporters of the legislation argue that the benefit reflects the service and death of the veteran and should not depend on whether the surviving spouse later chooses to marry again.
Survivor Benefit Plan Payments Would Also Be Restored
The legislation also addresses the military’s Survivor Benefit Plan, or SBP, which provides monthly payments to eligible survivors of military retirees and service members who die on active duty.
Current rules can end SBP eligibility when a surviving spouse remarries before age 55. The Love Lives On Act would allow surviving spouses of service members who die on active duty to continue receiving the benefit regardless of their age at remarriage.
According to the Congressional Budget Office figures reported by Military.com, approximately 1,350 surviving spouses who already lost SBP eligibility because they remarried would begin receiving payments again within one year of enactment. Around 50 surviving spouses lose eligibility each year under the existing rule.
TAPS founder Bonnie Carroll told Military.com that the organization has pushed for removal of the marriage restriction for decades. She described the payments as “earned survivor benefits” and argued that marriage should not determine whether families retain them.
The proposal would also restore certain Defense Department health benefits for remarried surviving spouses if a subsequent marriage ends. The CBO estimates that the legislation would increase direct federal spending by about $2 billion between 2026 and 2036.
TCAVA has faced disagreement over its funding mechanism, including possible changes involving future VA disability ratings. The broader package could be considered by lawmakers later in 2026. If approved by Congress and signed into law, the remarriage provisions would allow eligible surviving spouses to retain or regain the covered benefits.
