S. 410, Love Lives On Act of 2025

Bill Summary

S. 410 would allow the remarried, surviving spouses of disabled veterans, service members who die while on active duty, and military retirees to retain eligibility for certain benefits administered by the Department of Veterans Affairs (VA) and the Department of Defense (DoD). Under current law, surviving spouses become ineligible for the benefits when they remarry before age 55. The bill also would allow remarried spouses to regain eligibility for DoD health benefits if their remarriages end in annulment, divorce, or death.

Estimated Federal Cost

The estimated budgetary effects of S. 410 are shown in Table 1. The costs of the legislation fall within budget functions 050 (national defense), 550 (health), 600 (income security), and 700 (veterans benefits and services).

Basis of Estimate

For this estimate, CBO assumes that the bill will be enacted in fiscal year 2026, that benefits will be paid starting in fiscal year 2027, and that outlays will follow historical spending patterns for the affected programs.

Direct Spending

Most of the benefits that surviving spouses would receive under the bill are paid from mandatory appropriations. CBO estimates that enacting S. 410 would increase direct spending by $2 billion over the 2026-2036 period (see Table 2).

VA Dependency and Indemnity Compensation. S. 410 would allow the surviving spouses of some deceased veterans to retain eligibility for Dependency and Indemnity Compensation even if they remarry before age 55. VA pays that benefit to the surviving dependents of veterans who die from service-connected disabilities or who received a VA rating of 100 percent disability at least 10 years before death. Under current law, surviving spouses who remarry before age 55 are ineligible for that compensation but can regain it if their remarriage ends in annulment, divorce, or death.

Using historical data on the number of spouses who have become ineligible under current law because they remarry, and accounting for mortality rates, the rate at which subsequent marriages end, and the likelihood that newly eligible spouses would apply for benefits under the bill, CBO estimates that 4,750 people who lost eligibility before enactment would begin receiving benefits within two years of the bill’s enactment. Additionally, on the basis of the number of remarried spouses who lose eligibility each year under current law, CBO estimates that each year about 250 people spouses who will lose eligibility under current law would retain their benefits under the bill. CBO estimates that by 2036, about 7,100 more people would receive annual benefits averaging about $29,000. In total, CBO estimates that direct spending for Dependency and Indemnity Compensation would increase by $1.6 billion over the 2026‑2036 period.

Department of Defense Survivor Benefit Plan. S. 410 would allow remarried, surviving spouses of service members who die while on active duty to retain eligibility for DoD’s Survivor Benefit Plan regardless of their age at remarriage. Under current law, DoD makes monthly payments to the surviving spouses of military retirees and to those of service members who die on active duty; however, surviving spouses who remarry before age 55 become ineligible for the plan’s benefits.

Using information from DoD about the number of spouses who become ineligible for the Survivor Benefit Plan because of their remarriage, CBO estimates that 1,350 spouses who lost eligibility before enactment would begin receiving benefits within one year of the bill’s enactment. Additionally, using data from DoD about marriage and death rates among active-duty service members, CBO estimates that each year about 50 surviving spouses of service members who die on active duty will lose eligibility under current law because they remarry. Those surviving spouses would retain their benefits under the bill. By 2036, about 1,800 more people would receive annual benefits averaging $31,000. In total, CBO estimates that direct spending for the Survivor Benefit Plan would increase by $405 million over the 2026-2036 period.

Department of Defense Health Benefits. S. 410 would allow the remarried, surviving spouses of military retirees or of service members who die while on active duty to regain eligibility for DoD health benefits if their remarriage ends in annulment, divorce, or death. Under current law, surviving spouses are eligible for lifetime health benefits from DoD but lose eligibility when they remarry, regardless of their age.

Using data on the population of surviving spouses; remarriage, divorce, and mortality rates; and information on the availability of other health care coverage, CBO estimates that under the bill about 1,900 surviving spouses each year would use DoD health care benefits that the bill would restore. CBO expects that about half of that group would be eligible for Medicare, so enacting S. 410 would restore their access to benefits paid from the Medicare-Eligible Retiree Health Care Fund, a mandatory appropriation. CBO estimates that under the bill, direct spending for DoD health benefits would average $6,600 per person and total $56 million over the 2026-2036 period.

Spending Subject to Appropriation

The cost of DoD health care benefits for surviving spouses who are not eligible for Medicare is paid from discretionary appropriations. CBO expects that under S. 410, about half of the group of 1,900 surviving spouses who would use DoD health benefits under the bill would not be Medicare-eligible but would use DoD’s fee-for-service and preferred-provider health plans. CBO estimates that under the bill, the cost of those benefits would average $6,900 per person and would total $65 million over the 2026-2036 period; any related spending would be subject to appropriation.

DoD and the Department of Homeland Security make annual accrual payments to the Military Retirement Fund and the Medicare-Eligible Retiree Health Care Fund. Those amounts cover the present value of estimated payments for future retired pay and health benefits earned during a year.[1] Implementing S. 410 would increase the amount of those accrual payments. Those transactions are intragovernmental transfers that have no net effect on federal spending; thus, they are not included in this estimate.

Uncertainty

CBO’s estimate for S. 410 is subject to uncertainty. DoD and VA have difficulty tracking surviving spouses when they remarry and stop receiving benefits. The departments may have difficulty notifying some spouses of their restored eligibility. If the number of remarried surviving spouses who receive benefits under the bill differs from CBO’s projection, the costs would be greater or less than CBO estimates.

Pay-As-You-Go Considerations

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net changes in direct spending outlays that are subject to those pay-as-you-go procedures are shown in Table 1.

Increase in Long-Term Net Direct Spending and Deficits

CBO estimates that enacting S. 410 would increase net direct spending by more than $2.5 billion in at least one of the four consecutive 10-year periods beginning in 2037.

CBO estimates that enacting S. 410 would increase on‑budget deficits by more than $5 billion in at least one of the four consecutive 10-year periods beginning in 2037.

Mandates

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

Estimate Prepared By

Federal Costs:
David Rafferty (for Department of Defense Survivor Benefit Plan)
Matt Schmit (for Department of Defense health benefits)
Logan Smith (for Department of Veterans Affairs Dependency and Indemnity Compensation)

Mandates: Lucy Marret

Estimate Reviewed By

David Newman
Chief, Defense, International Affairs, and Veterans’ Affairs Cost Estimates Unit

Kathleen FitzGerald
Chief, Public and Private Mandates Unit

Christina Hawley Anthony
Deputy Director of Budget Analysis

Estimate Approved By