In a move that could significantly impact the lives of military families, a bipartisan group of U.S. lawmakers is advocating for the removal of a restriction that penalizes surviving military spouses who choose to remarry. The proposed Love Lives On Act aims to allow these individuals to retain their survivor benefits even after entering a new marriage.
Leading the charge is Republican Representative Richard Hudson of North Carolina, who, alongside colleagues from both political parties, has thrown his support behind the legislation. The bill seeks to amend the current law, which strips surviving spouses of benefits if they remarry before the age of 55.
“The problem is, under current law, a surviving spouse who loses their loved one gets certain benefits that were earned by that sacrifice,” Hudson stated. “And those benefits, though, go away for the spouse and the children if that spouse remarries before the age of 55.”
In several social media videos, Hudson emphasized the importance of the bill, highlighting the difficult choice between love and financial stability that many surviving spouses face. “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.”
Efforts to reach Hudson for additional comments by Public Radio East were unsuccessful.
The proposed legislation would enable surviving spouses to maintain the Survivor Benefit Plan—up to 55% of a member’s retirement pay—and Dependency and Indemnity Compensation after remarriage. Additionally, it would allow them to regain TRICARE medical benefits if their subsequent marriage ends in death, divorce, or annulment.
Mechele Kerns, residing in the Richlands area, is a poignant example of the individuals who would benefit from this legislation. Her husband, Marine Cpl. Derek Kerns, died during a military training exercise in Morocco shortly after their marriage and the birth of their son. Mechele expressed her perspective, stating, “My husband not only worked relentlessly and was an amazing Marine, but ultimately, he didn’t come home to me.”
Over the past 15 years, Mechele has found love twice more. Her first partner died in a car crash, and she is currently in a relationship with a man who helps care for her large family. Her son Aydin, now 14, views this policy as unjust. “Cody is essentially my dad,” he remarked, “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.”
Mechele has chosen not to remarry, as she explained, “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 believes the passage of the Love Lives On Act would provide her the same freedoms her husband fought to protect.
The Tragedy Assistance Program for Survivors (TAPS), an advocate for military families, has praised the proposed legislation. TAPS Director of Government and Legislative Affairs Ashlynne Haycock-Lohmann noted the bill’s significance, stating that previous partial measures were insufficient for surviving spouses.
Haycock-Lohmann emphasized, “We live in a world that’s very expensive. 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 progressing through Congress. Senate Bill 410 has received favorable reporting from the Senate Committee on Veterans’ Affairs and awaits a full Senate vote pending funding identification.
Meanwhile, H.R.1004, the House counterpart, has been approved by the House Veterans’ Affairs Disability Assistance and Memorial Affairs subcommittee, and awaits further review and voting.
Encouraging public engagement, Haycock-Lohmann urged citizens to contact their lawmakers in support of the bill, stating, “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.”
