VETERANS CORNER: Common law marriage tricky question for Maine veterans

by Gary Kennedy

I have been asked some tricky questions as of late. One such question is, “is common law marriage recognized in the state of Maine?” this question can be very tricky for those living in Maine. Common law marriage is a legally recognized marriage that does not require a formal marriage contract. It comes into existence when two people live together and intend someday to be married and hold themselves out to the public as a married couple.

This form of marriage is recognized in only nine states and D.C., I believe. I’m sure you can conjure up some reasons why a couple would prefer this type of relationship. Generally they are not good reasons by normal standards. Some are to protect assets or because of insecurity. Some are because of past negative experiences that promote fear of repetition. None the less Maine does not recognize common Law Marriage.

There are exceptions to every rule and you’ve heard me say that in past non-related situations. However, one that comes to mind that would be legally argumentative is, where a couple lived previously in a state that does recognize common law such as Texas or Montana. That would show intent to marry and could be accepted in Maine. I would like to emphasize, “Could be”. I wouldn’t want to be the one defending it when it comes to the rules and regulations of the Veterans Administration. I am of the firm belief that the V.A. System has legalized whatever they wish to the Nth degree. I am just trying to point out there is a possibility for those taking that route.

The pursuit of Dependency and Indemnity Compensation, (D.I.C.) states the veteran’s death must meet specific criteria related to service connection or disability rating. Generally speaking D.I.C. is paid to a surviving spouse, children or parents, if the veteran died on active duty from service connected illness or injury or was totally disabled for a specified period before death. If the vet dies on active duty or even while in training for such, D.I.C. may be payable. If the veteran dies from a service connected injury D.I.C. may be payable. If the veteran dies from other than service connected injury, D.I.C. may still kick in. The veteran would need to be rated at 100 percent for at least 10 years I believe before his/her death. At least five years immediately after release from military service or for one year if the veteran was a prisoner of war. Also, the spouse had to be married for one year and cohabitated with the vet until death. The spouse will need to submit a VA form 21P-534, vets DD 214, veteran’s death certificate, evidence related to the claim and marriage and birth certificates. I find it’s best to take your case directly to V.A. or V.B.A. on the second floor of bldg. 248, Togus V.A. Medical Center. That is always a good way to avoid mistakes and get the answers you seek.

There are many other scenarios that we could explore if you find the need, this example just happened to be a product of a relatively recent case. There is also many law cases in this area as you might guess.

The state of Maine Capital building has a great law library which is open to the public and staffed with some sharp librarians if you care to do some personal research. This was just on common law marriage. There is much more pertaining to D.I.C. and what is expected of you and yours if you find the need. I will gladly share what I am aware of as well as any research that your problem may require.

God bless you and yours and have a safe weekend.