Who Is a Spouse?
Under VA definition a spouse is: A member of the opposite sex who is married to a veteran.
The VA recognizes common law marriage if the state of residence recognizes common law marriages. (Check with your local Regional Office).
You prove you are a spouse by:
A certified copy of your marriage license, and affidavit form the person who married you or an affidavit from an eyewitness. In the case of common law marriage, there are specific conditions in various states, which must be met in order to legally establish a common law marriage. The VA only recognizes common law marriages in states that legally recognize these relationships. For proof of common law marriage, the VA demands affidavits from two individuals who can attest to the husband and wife relationship.
Must you live together?
There are acceptable reasons for not living together, and still be considered married. The most common example of this is when one member is in a nursing home.
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