Claim Raven explanation
What this means
This section connects spouse and surviving-spouse status to a marriage VA recognizes and, for a survivor, to the relationship at the veteran’s death, cohabitation rules, and remarriage rules.
Continuous cohabitation does not mean that every physical separation defeats survivor status. Section 3.53 addresses separations caused by the veteran’s misconduct, separations procured by the veteran without fault of the spouse, temporary separations, and some separations by mutual consent.
How this helps your claim
The regulation’s text contains outdated sex-specific wording and should not be used by itself to exclude a marriage. The practical questions are whether the marriage meets VA’s recognition rules, whether the person was the veteran’s spouse at death, whether any separation fits section 3.53, and whether section 3.55 changes the effect of remarriage or another relationship.
What to check in your records
Build a relationship timeline using marriage, separation, divorce, remarriage, and death records, then identify which requirement VA says is not met.
- Keep the marriage record and documents ending any earlier marriages for either spouse.
- If the spouses lived apart, preserve statements and records explaining when the separation began, why it occurred, and whether either person intended to end the marriage.
- For a remarriage or later relationship, record its beginning and end dates and the specific survivor benefit at issue.
Start with the relationship history
Use exact dates and identify the document or person supporting each event. A clear timeline makes it easier to separate the validity of the marriage from the cohabitation and remarriage questions.
If VA relies on this section’s old wording to question a same-sex marriage, preserve the decision and obtain review under current controlling law and policy. The unchanged wording of this regulation is not a safe standalone statement of current marriage recognition.
Does living apart automatically end surviving-spouse status?
No. The reason for the separation and the parties’ intent matter under section 3.53. A temporary separation or qualifying separation can preserve continuous cohabitation.
Official regulatory text
38 CFR § 3.50
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.50 Spouse and surviving spouse.
(a) Spouse. “Spouse” means a person of the opposite sex whose marriage to the veteran meets the requirements of § 3.1(j).
(b) Surviving spouse. Except as provided in § 3.52, “surviving spouse” means a person of the opposite sex whose marriage to the veteran meets the requirements of § 3.1(j) and who was the spouse of the veteran at the time of the veteran's death and:
(1) Who lived with the veteran continuously from the date of marriage to the date of the veteran's death except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse; and
(2) Except as provided in § 3.55, has not remarried or has not since the death of the veteran and after September 19, 1962, lived with another person of the opposite sex and held himself or herself out openly to the public to be the spouse of such other person.
[62 FR 5529, Feb. 6, 1997]
Related references
- 38 CFR § 3.205: Evidence VA can use to establish a marriage
- 38 CFR § 3.52: When VA may deem an attempted marriage valid
- 38 CFR § 3.53: Continuous cohabitation for a surviving spouse
- 38 CFR § 3.55: When survivor eligibility can return after remarriage ends
Ready to review your own document? Start your free claim review.