A bipartisan group of lawmakers in both the House and Senate moved to eliminate a long-standing "remarriage penalty" that forces surviving military spouses to choose between finding love again and maintaining their financial security.
Republican Representative Richard Hudson of North Carolina joined several colleagues from both sides of the aisle in support of the Love Lives On Act. The legislation would ensure that surviving spouses of fallen servicemembers keep their survivor benefits if they remarry.
“The problem is, under current law, a surviving spouse who loses their loved one gets certain benefits that were earned by that sacrifice,” he explained, “And those benefits, though, go away for the spouse and the children if that spouse remarries before the age of 55.”
In several videos on social media, Hudson said the bill seeks to close that gap for spouses of active-duty, veteran, and retired personnel. “We're forcing these surviving spouses who've already been through the worst event of their life to now choose between love and financial stability in many cases,” he said, “And it's just not right.”
Public Radio East reached out to the representative to discuss the legislation further but did not hear back.
The bill allows spouses to keep the Survivor Benefit Plan -- up to 55% of a member's retirement pay -- and Dependency and Indemnity Compensation after remarriage.
It also allows surviving spouses to regain TRICARE medical benefits if a subsequent marriage ends in death, divorce, or annulment.
Mechele Kerns lives in the Richlands area. Her husband Marine Cpl. Derek Kerns was just 21-years-old when he was killed during a military training exercise in Morocco. Just months after their wedding and the birth of their son, Derek was deployed, and a month later his MV-22 Osprey crashed after taking off from the amphibious assault ship USS Iwo Jima. The Camp Lejeune Marine’s death in 2012 left behind Mechele and her infant son Aydin.
She said, “My husband not only worked relentlessly and was an amazing Marine, but ultimately, he didn't come home to me.”
In the 15 years she’s been widowed, Mechele has found love again, not once but twice.
First with the father of her four youngest children, who was killed in a car crash near Maysville six years ago. Mechele said, “We had talked about getting married before he passed, and we were unable to just because, again, he wouldn't have been able to bring in enough money to supplement. It would have meant that I had to go back to work. He had to work, and we would probably still struggle financially to even meet where I'm at now.”
And now she’s in another relationship with a man that stepped up to the plate for the large family. Derek and Mechele’s son Aydin, now 14, says that’s why the existing policy is unfair. “Cody is essentially my dad,” he said, “I feel that he and my mom should be able to get married because they love each other. But again, without the benefits, we wouldn't be able to help pay for everything.”
“I think that she should be able to have whatever her heart desires after going through everything she has gone through,” he added.
Mechele and Cody have decided against a wedding – because she said losing those benefits is not a workable option. “The way that the law is written now, it's as if you remarry, that is now someone else's responsibility. And honestly, I don't think Derek would have agreed with that." She said passage of the Love Lives On act would give her the same freedoms that her husband died to defend.
The Tragedy Assistance Program for Survivors, a leading advocate for military families, praised the move. TAPS Director of. Government and Legislative Affairs Ashlynne Haycock-Lohmann said the legislation has been in the works for four years, and while some provisions were passed in the previous Congress, this comprehensive reintroduction is vital for surviving spouses.
“We live in a world that's very expensive,” she said, “So, those benefits are very important, but also losing that spousal portion of that benefit is taking away a lot of the opportunities and things that the children have. If that money goes away, maybe they have to downsize their home. Maybe they can't afford for the kids to be in all of the sports and extracurriculars they were in. Maintaining the quality of life that they've had goes away.”
The Love Lives On Act of 2025 is currently advancing through both chambers of Congress – Senate Bill 410 has been unanimously reported favorably by the Senate Committee on Veterans' Affairs and is now eligible for a vote by the full Senate once a funding mechanism is identified.
H.R.1004, the House version of the bill, unanimously cleared the House Veterans' Affairs Disability Assistance and Memorial Affairs subcommittee in March; that makes it eligible for review and a vote by the full House Veterans' Affairs Committee.
Haycock-Lohmann said it has strong support from lawmakers, but, still…reminding them that it matters will help. She asked people to, “Contact your lawmakers and ask them to support and co-sponsor the bill. The more co-sponsors we have, the much better chance we have of getting it across the finish line.”
