§1304 — Title 38 Veterans' Benefits | U.S. Code

Summary

No dependency and indemnity compensation will be paid to a surviving spouse of a veteran who died after December 31, 1956 unless the marriage meets one of three tests. The spouse must have married the veteran either before fifteen years passed after the veteran left the service during which the injury or disease that caused the death happened or got worse, or the marriage lasted one year or more, or the couple had a child together (including if a child was born to one by the other before they married).

Title 38, §1304

Veterans' Benefits — Source: USLM XML via OLRC

No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—

(1)before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or

(2)for one year or more; or

(3)for any period of time if a child was born of the marriage, or was born to them before the marriage.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 404 of this title as this section. 1976—Pub. L. 94–433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “such veteran” for “widow”, “she”, and “him”, respectively, in introductory clause and “surviving spouses” for “widows” in section catchline. 1967—Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

§1304 Special provisions relating to surviving spouses

Summary

Title 38, §1304

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata