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Title 38, Veterans' BenefitsRelease 119-102

§1102 Special Provisions Relating to Surviving Spouses

Title 38 › PART II — GENERAL BENEFITS › CHAPTER 11 — COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › SUBCHAPTER I — GENERAL › § 1102

Last updated Aug 21, 2026|Official source

Summary

Surviving spouses only get death compensation if they were married to the veteran under one of three rules: the marriage began within 15 years after the end of the service period when the injury or disease causing the death happened or got worse; the couple was married at least one year; or they had a child together (including if a child was born to either before the marriage). These limits do not apply if the marriage date would have made the spouse eligible for death pay under any rule the Secretary used on December 31, 1957.

Full Legal Text

Title 38, §1102

Veterans' Benefits, Source: USLM XML via OLRC

(a)No compensation shall be paid to the surviving spouse of a veteran under this chapter 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.
(b)Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section. Subsec. (b). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1976—Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline. Subsec. (a). Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”. Subsec. (b). Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places. 1967—Subsec. (a)(2), (3). 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. 1960—Subsec. (a)(1). Pub. L. 86–491 substituted “fifteen years” for “ten years”.

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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1102

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102