The short answer
Marrying a qualifying Veteran can make you eligible for CHAMPVA as a spouse, but only after VA approves you. If the marriage ends in divorce or annulment, CHAMPVA ends at midnight on the day it becomes final. Report any marital change to CHAMPVA right away. Surviving spouses who remarry follow different rules.
Does getting married make you eligible?
It can, but not automatically. Marriage creates the spouse relationship, which is one part of the test. The Veteran also has to have a qualifying VA status, usually a permanent and total rating, and you still have to meet the other CHAMPVA rules, like not being eligible for TRICARE. More here: CHAMPVA for spouses of Veterans rated permanent and total.
Under 38 CFR 17.270, a spouse is someone married to the Veteran in a marriage VA recognizes. VA lists a marriage certificate, civil union certificate, or common-law marriage affidavit as supporting evidence for the application.
Don't assume your coverage starts on your wedding day. Apply, and use the effective date VA gives you.
When does divorce or annulment end CHAMPVA?
At midnight on the day the divorce or annulment becomes final. VA's CHAMPVA Guidebook says so directly.
That's the date the court finalizes it, not the date you separated or filed papers. For example, if a divorce becomes final on October 10, CHAMPVA through that marriage ends at midnight on October 10.
Care before that cutoff is still judged under the normal rules. Care after it isn't covered through that marriage.
What about legal separation?
A legal separation isn't the same as a final divorce or annulment. The Guidebook names only divorce and annulment as the events that end spouse eligibility.
If your situation is unusual or disputed, report it to CHAMPVA and ask VA to confirm your eligibility instead of guessing.
What should you report, and how?
Report any marital change right away: marriage, divorce, annulment, or a court order that changes the marriage. The Guidebook says you can report by phone, mail, or online. VA's after-you-apply page says updates and documents can go online, by mail, or by fax, and you don't need to start a new application just to update information.
- Write down the exact date the change became final.
- Get a copy of the decree or certificate.
- Report it to CHAMPVA and keep proof you did.
- Tell your providers if your coverage is ending.
If CHAMPVA pays for care after your eligibility ended, VA can ask for that money back. Reporting quickly avoids that. More here: CHAMPVA life changes to report.
Do the same rules apply to surviving spouses?
No. Surviving spouses who remarry follow different rules based on age at remarriage. Remarrying at 55 or older doesn't end CHAMPVA. More here: CHAMPVA for surviving spouses after a service-connected death.
What about the children?
A divorce doesn't end CHAMPVA for the Veteran's own children. They keep their own eligibility under the child rules. Stepchildren are different: a stepchild's eligibility can end if they leave the Veteran's household. More here: CHAMPVA for children under 18.