Is my father considered legally seperated from his wife?
Many agencies and institutions—particularly government benefit agencies such as the VA—overlook the heart and reality of a couple who are separated and insist that there be a “legal separation”—that is a formal decree from a court that proclaims they are legally separated. It doesn’t matter that the two have not spoken in a long time. It’s irrelevant that they live in different places. And this can often frustrate attempts to get benefits that would seem to be due.
If you haven’t done so already, consider calling the VA’s Healthcare Benefits at 877-222-8387 for specific advice on whether the court decree of a legal separation is required.
If so, it seems quite possible that your dad’s wife might consent to changing their legal status to separated—or even agree to file for divorce.
It might also be worth your while to consult with a counselor from the Senior Veterans Service Alliance: www.veteransaidbenefit.org/find_help_with_veterans_benefits.htm. This service does not deal directly with advocating for benefits, but helps senior vets manage their remaining resources. Counselors there may be able to direct you to other veterans benefits that may be of help. Do not sign up for services without knowing exactly what the counselor can and cannot do—and whether those services are likely to further your dad’s cause.
