Eligibility for partner service pension when separated from veteran

Last amended: 19 August 2011

Separation from a veteran

Partner service pension eligibility for former partners of veterans depends on certain conditions being met.

In all cases the person must be the former partner of a veteran who:

• receives service pension, or would receive service pension but for a disqualifying provision; or
• is registered as a member of the pension bonus scheme.

A partner of a veteran must also meet, or be exempt from, the age requirements set out on the page Age Requirements for Partner Service Pension. 

In all instances, a former partner will lose eligibility for partner service pension immediately on entering into a de facto relationship, or marrying, a person other than the veteran.

Eligibility for former partners

For the purposes of partner service pension eligibility, a former partner of a veteran is considered to be:

• a person who is legally married to a veteran but living separately and apart on a permanent basis from the veteran,
• a person who was in a registered relationship under State or Territory law with a veteran but is living separately and apart on a permanent basis from the veteran, or
• a person who was in a de facto relationship with a veteran but living separately and apart on a permanent basis from the veteran, or 
• a person who is divorced from a veteran, or
• a person whose registered relationship under State or Territory law with a veteran ceases whilst living separately and apart from a veteran.

A former partner of a veteran remains eligible for partner service pension for a period of 12 months following separation from the veteran, unless they enter into a new relationship before the end of this time. 

A former partner will lose eligibility for partner service pension after this 12 month period, unless:

• the former partner reaches age pension age before the end of the 12 months following separation, or
• the veteran dies before the end of the 12 months following separation, or
• special domestic circumstances apply.

An additional 14 days after the 12 month period may be allowed before cancellation, consistent with the notification periods under the date of effect rules.

Special domestic circumstances

A former partner of a veteran remains eligible for partner service pension if special domestic circumstances apply.

Special domestic circumstances are:

• where the former partner and the veteran are not living in the same residence, and
• the veteran has a mental health condition recognised by DVA, and
• there was an unsafe or abusive domestic environment in respect of the partner or the partner's family prior to separation. 

Eligibility for former partners when the veteran dies

Former partners of veterans may continue to be eligible for partner service pension if they were:

• legally married to the veteran at the time of the veteran's death; or
• receiving partner service pension at the time of the veteran's death.

Eligibility for former partners of deceased veterans is lost if the person enters into a de facto relationship with, or marries, another person.

Separated couple reconcile

A person may regain eligibility for partner service pension  when there is a reconcilitation and the partner returns to live permanently with the veteran.

2019 Budget measure to align partner service pension eligibility

A 2019 Budget measure aligned partner service pension eligibility for former partners of veterans, regardless of marital status. The changed arrangements apply to separations, divorces and deaths that occur on or after 20 September 2019. 

For separations that took place prior to 20 September 2019, a former partner may be eligible for partner service pension if:

• they are legally married to a veteran; and
• they are not in a de facto relationship with another person. 

Where the former veteran partner died prior to 20 September 2019, a former partner may be eligible for partner service pension if:

• they were legally married to the veteran at the time of the veteran's death; and
• they are not in a de facto relationship with, or married to, another person.

New eligibility criteria must be met for new claims

If eligibility for partner service pension is lost, any subsequent new claim for partner service pension must meet the eligibility requirements current at the time of the new claim.

Loss of eligibility for partner service pension occurs in the following situations:

• divorce from the veteran, where separation occurred prior to 20 September 2019
• a non-married partner separating from a veteran prior to 20 September 2019
• a former partner starting a new de facto relationship or marrying

• 12 months after separation where a former partner is under age pension age and special domestic circumstances do not apply
• the veteran is no longer eligible for Special Rate or Above General Rate disability pension, and the partner does not meet age or dependent child requirements. 

Where the claimant is a former partner who separated from the veteran within the last 12 months, and who will not reach pension age within 12 months from the date of separation, partner service pension may be granted or recommenced. However, if special domestic circumstances do not apply, the former partner must be advised that partner service pension will cease 12 months from the date of separation.     

Note: Service records can be obtained without breaching the Privacy Act 1988 to determine qualifying service for a veteran in order to establish partner service pension eligibility (including eligibility of a non-illness separated spouse or a widow/er). Information Privacy Principle 10 provides that personal information obtained for a particular purpose may be used for another purpose, where the other purpose is required by or authorised in law.