Section 3.05 - Eligible Dependents(1)Categories of Eligible Dependents. The following categories of persons may qualify as dependents eligible to receive veterans' benefits.(a) Spouse of the veteran.(b) Widow or widower of the veteran.(c) Parent of the veteran.(d) Any person who acted as a parent to the veteran for five years immediately preceding the commencement of the veteran's wartime service.(e) Child of the veteran until his or her 19th birthday.(f) Child of the veteran between 19 years and 23 years of age while the child is attending high school, an institution of higher learning or some other accredited educational institution provided that the applicant is in receipt of benefits under the provisions of M.G.L. c. 115.(g) Child of the veteran 19 years of age or older who is mentally or physically unable to support himself or herself and was affected by the disability prior to his or her 18th birthday.(h) Legally adopted children of the veteran, in categories 108 CMR 3.05(1)(e) through (g).(2)Effect of Divorce on Eligibility. The spouse of a veteran shall lose his or her eligibility upon the issuance by the court of a final judgment; the eligibility for benefits of a veteran's spouse shall not be affected by the issuance of a provisional judgment.(3)Eligibility of Children of a Divorced Veteran. The eligibility for benefits of a veteran's children shall not be affected by any change in the veteran's marital status. In evaluating an application for benefits by or on behalf of the children of a divorced veteran, the veterans'agent shall take into account the ability of both parents to support the children. The eligibility for benefits of the children of a divorced veteran shall not be affected by the fact he or she lives with the parent who is not a veteran.(4)Effect of Separation on Eligibility.(a) The fact that a veteran is legally or consensually separated shall not, by itself, constitute a basis for denying benefits to the applicant. Among the factors which may be considered in deciding whether to grant benefits in such cases are the reasons for the separation, the degree of the applicant's compliance with any court order for support, and the ability of each parent to support him self or her self and any children.(b) The eligibility of a veteran and spouse legally or consensually separated, living in the same household shall be decided by the Secretary on a case-by-case basis.