§ 103. — Special provisions relating to marriages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC103]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 103. Special provisions relating to marriages
(a) Whenever, in the consideration of any claim filed by a person as
the widow or widower of a veteran for gratuitous death benefits under
laws administered by the Secretary, it is established by evidence
satisfactory to the Secretary that such person, without knowledge of any
legal impediment, entered into a marriage with such veteran which, but
for a legal impediment, would have been valid, and thereafter cohabited
with the veteran for one year or more immediately before the veteran's
death, or for any period of time if a child was born of the purported
marriage or was born to them before such marriage, the purported
marriage shall be deemed to be a valid marriage, but only if no claim
has been filed by a legal widow or widower of such veteran who is found
to be entitled to such benefits. No duplicate payments shall be made by
virtue of this subsection.
(b) Where a surviving spouse has been legally married to a veteran
more than once, the date of original marriage will be used in
determining whether the statutory requirement as to date of marriage has
been met.
(c) In determining whether or not a person is or was the spouse of a
veteran, their marriage shall be proven as valid for the purposes of all
laws administered by the Secretary according to the law of the place
where the parties resided at the time of the marriage or the law of the
place where the parties resided when the right to benefits accrued.
(d)(1) The remarriage of the surviving spouse of a veteran shall not
bar the furnishing of benefits to such person as the surviving spouse of
the veteran if the remarriage is void, or has been annulled by a court
with basic authority to render annulment decrees unless the Secretary
determines that the annulment was secured through fraud by either party
or collusion.
(2)(A) The remarriage of the surviving spouse of a veteran shall not
bar the furnishing of benefits specified in paragraph (5) to such person
as the surviving spouse of the veteran if the remarriage has been
terminated by death or divorce unless the Secretary determines that the
divorce was secured through fraud or collusion.
(B) The remarriage after age 55 of the surviving spouse of a veteran
shall not bar the furnishing of benefits under section 1781 of this
title to such person as the surviving spouse of the veteran.
(3) If the surviving spouse of a veteran ceases living with another
person and holding himself or herself out openly to the public as that
person's spouse, the bar to granting that person benefits as the
surviving spouse of the veteran shall not apply in the case of the
benefits specified in paragraph (5).
(4) The first month of eligibility for benefits for a surviving
spouse by reason of this subsection shall be the month after--
(A) the month of the termination of such remarriage, in the case
of a surviving spouse described in paragraph (2); or
(B) the month of the cessation described in paragraph (3), in
the case of a surviving spouse described in that paragraph.
(5) Paragraphs (2) and (3) apply with respect to benefits under the
following provisions of this title:
(A) Section 1311, relating to dependency and indemnity
compensation.
(B) Section 1781, relating to medical care for survivors and
dependents of certain veterans.
(C) Chapter 35, relating to educational assistance.
(D) Chapter 37, relating to housing loans.
(e) The marriage of a child of a veteran shall not bar recognition
of such child as the child of the veteran for benefit purposes if the
marriage is void, or has been annulled by a court with basic authority
to render annulment decrees unless the Secretary determines that the
annulment was secured through fraud by either party or collusion.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87-674, Sec. 2,
Sept. 19, 1962, 76 Stat. 558; Pub. L. 90-77, title I, Sec. 101(b), Aug.
31, 1967, 81 Stat. 178; Pub. L. 91-376, Sec. 4, Aug. 12, 1970, 84 Stat.
789; Pub. L. 93-527, Sec. 9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L.
99-576, title VII, Sec. 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L.
101-508, title VIII, Sec. 8004(a), Nov. 5, 1990, 104 Stat. 1388-343;
Pub. L. 102-83, Sec. 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991,
105 Stat. 403-405; Pub. L. 106-117, title V, Sec. 502(a), Nov. 30, 1999,
113 Stat. 1574; Pub. L. 107-135, title II, Sec. 208(e)(1), Jan. 23,
2002, 115 Stat. 2463; Pub. L. 107-330, title I, Sec. 101(a), Dec. 6,
2002, 116 Stat. 2821.)
Amendments
2002--Subsec. (d)(2). Pub. L. 107-330 designated existing provisions
as subpar. (A) and added subpar. (B).
Subsec. (d)(5)(B). Pub. L. 107-135 substituted ``1781'' for
``1713''.
1999--Subsec. (d). Pub. L. 106-117 designated existing provisions as
par. (1) and added pars. (2) to (5).
1991--Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E),
substituted ``administered by the Secretary'' for ``administered by the
Veterans' Administration'' and ``Secretary'' for ``Administrator''.
Subsec. (c). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
Subsecs. (d), (e). Pub. L. 102-83, Sec. 4(a)(2)(A)(i), substituted
``Secretary'' for ``Veterans' Administration''.
1990--Subsec. (d). Pub. L. 101-508, Sec. 8004(a)(1), designated par.
(1) as entire subsec. (d) and struck out pars. (2) and (3) which read as
follows:
``(2) The remarriage of the surviving spouse of a veteran shall not
bar the furnishing of benefits to such person as the surviving spouse of
the veteran if the remarriage has been terminated by death or has been
dissolved by a court with basic authority to render divorce decrees
unless the Veterans' Administration determines that the divorce was
secured through fraud by the surviving spouse or collusion.
``(3) If a surviving spouse ceases living with another person and
holding himself or herself out openly to the public as that person's
spouse, the bar to granting that person benefits as the surviving spouse
of the veteran shall not apply.''
Subsec. (e). Pub. L. 101-508, Sec. 8004(a)(2), designated par. (1)
as entire subsec. (e) and struck out par. (2) which read as follows:
``The marriage of a child of a veteran shall not bar the recognition of
such child as the child of the veteran for benefit purposes if the
marriage has been terminated by death or has been dissolved by a court,
with basic authority to render divorce decrees unless the Veterans'
Administration determines that the divorce was secured through fraud by
either party or collusion.''
1986--Subsec. (a). Pub. L. 99-576, Sec. 701(2)(A), substituted
``person as the widow or widower'' for ``woman as the widow'', ``such
person'' for ``she'', ``the veteran'' for ``him'', ``the veteran's'' for
``his'', and ``legal widow or widower'' for ``legal widow''.
Subsec. (b). Pub. L. 99-576, Sec. 701(2)(B), substituted ``surviving
spouse'' for ``widow''.
Subsec. (c). Pub. L. 99-576, Sec. 701(2)(C), substituted ``person is
or was the spouse'' for ``woman is or was the wife''.
Subsec. (d)(1). Pub. L. 99-576, Sec. 701(2)(D), substituted
``surviving spouse of a veteran shall not bar the furnishing of benefits
to such person as the surviving spouse'' for ``widow of a veteran shall
not bar the furnishing of benefits to her as the widow''.
Subsec. (d)(2). Pub. L. 99-576, Sec. 701(2)(E), substituted
``surviving spouse'' for ``widow'' wherever appearing, and ``such
person'' for ``her''.
Subsec. (d)(3). Pub. L. 99-576, Sec. 701(2)(F), substituted
``surviving spouse'' for ``widow'' wherever appearing, ``person'' for
``man'', ``himself or herself'' for ``herself'', ``that person's
spouse'' for ``his wife'', and ``that person'' for ``her''.
1974--Subsec. (e). Pub. L. 93-527 designated existing provisions as
par. (1) and added par. (2).
1970--Subsec. (d). Pub. L. 91-376 designated existing provisions as
par. (1) and added pars. (2) and (3).
1967--Subsec. (a). Pub. L. 90-77 reduced cohabitation period from
five years to one year for purposes of deeming a purported marriage
valid and provided for cohabitation for any period of time if a child
was born of the purported marriage or was born before the marriage.
1962--Subsecs. (d), (e). Pub. L. 87-674 added subsecs. (d) and (e).
Effective Date of 2002 Amendment
Pub. L. 107-330, title I, Sec. 101(c), Dec. 6, 2002, 116 Stat. 2821,
provided that: ``The amendments made by this section [amending this
section] shall take effect on the date that is 60 days after the date of
the enactment of this Act [Dec. 6, 2002].''
Effective Date of 1999 Amendment
Pub. L. 106-117, title V, Sec. 502(c), Nov. 30, 1999, 113 Stat.
1574, provided that: ``The amendments made by subsections (a) and (b)
[amending this section and section 1311 of this title] shall take effect
on the first day of the first month beginning after the month in which
this Act is enacted [November 1999].''
Effective Date of 1990 Amendment
Section 8004(b) of Pub. L. 101-508 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply with respect
to claims filed after October 31, 1990, and shall not operate to reduce
or terminate benefits to any individual whose benefits were predicated
on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date
of those amendments.''
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10
of Pub. L. 93-527, set out as a note under section 1521 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9 of
Pub. L. 91-376, set out as a note under section 1114 of this title.
Effective Date of 1967 Amendment
Amendment 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.
Application for Benefits
Pub. L. 107-330, title I, Sec. 101(b), Dec. 6, 2002, 116 Stat. 2821,
provided that: ``In the case of an individual who but for having
remarried would be eligible for medical care under section 1781 of title
38, United States Code, and whose remarriage was before the date of the
enactment of this Act [Dec. 6, 2002] and after the individual had
attained age 55, the individual shall be eligible for such medical care
by reason of the amendments made by subsection (a) [amending this
section] only if an application for such medical care is received by the
Secretary of Veterans Affairs during the 1-year period ending on the
effective date specified in subsection (c) [set out as an Effective Date
of 2002 Amendment note above].''
Limitation on Payments
Pub. L. 106-117, title V, Sec. 502(d), Nov. 30, 1999, 113 Stat.
1574, provided that: ``No payment may be made to a person by reason of
paragraphs (2) and (3) of section 103(d) of title 38, United States
Code, as added by subsection (a), for any period before the effective
date specified in subsection (c) [set out as an Effective Date of 1999
Amendment note above].''
Applicability of Amendments
Pub. L. 102-568, title I, Sec. 103, Oct. 29, 1992, 106 Stat. 4322,
provided that:
``(a) Exception.--The amendments made by section 8004 of the Omnibus
Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L. 101-508, 104
Stat. 1388-343, amending this section] shall not apply to any case in
which a legal proceeding to terminate an existing marital relationship
was commenced before November 1, 1990, by an individual described in
subsection (b) if that proceeding directly resulted in the termination
of such marriage.
``(b) Covered Individuals.--An individual referred to in subsection
(a) is an individual who, but for the marital relationship referred to
in subsection (a), would be considered to be the surviving spouse of a
veteran.''
Pub. L. 102-86, title V, Sec. 502, Aug. 14, 1991, 105 Stat. 424,
provided that: ``The amendments made by section 8004 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508) [amending this
section] shall not apply with respect to any individual who on October
31, 1990, was a surviving spouse or child within the meaning of title
38, United States Code, unless after that date that individual (1)
marries, or (2) in the case of a surviving spouse, begins to live with
another person while holding himself or herself out openly to the public
as that person's spouse.''
Reinstatement of Benefits Subsequent to Termination of Relationship or
Conduct Restricting Payment of Benefits; Effective Date of Award
Section 5 of Pub. L. 91-376, effective January 1, 1971, provided
that:
``(a) If a widow terminates a relationship or conduct which resulted
in imposition of a prior restriction on payment of benefits, in the
nature of inference or presumption of remarriage, or relating to open
and notorious adulterous cohabitation or similar conduct, she shall not
be denied any benefits by the Veterans' Administration, other than
insurance, solely because of such prior relationship or conduct.
``(b) The effective date of an award of benefits resulting from
enactment of subsection (a) of this section shall not be earlier than
the date of receipt of application therefor, filed after termination of
the particular relationship or conduct and after December 31, 1970.''
Section Referred to in Other Sections
This section is referred to in section 5110 of this title.
