§ 103. Special provisions relating to marriages

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 103

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109

2. 1962

   Pub. L. 87–674 § 2 · 76 Stat. 558

   Added · 38 U.S.C. § 103(d); 38 U.S.C. § 103(e)

   Pub. L. 87–674 added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 87–674 added subsecs. (d) and (e).

   Enacted provision · exact public law section
   Sec. 2. Section 103 of title 38, United States Code, is amended by adding at the end thereof the following: “(d) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion. “(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 Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion.”

3. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title I § 101(b) · 81 Stat. 178

   Changed · 38 U.S.C. § 103(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Subsection 103(a) of title 38, United States Code, is amended by striking out “cohabitated with him for five or more years immediately before his death,” and inserting in lieu thereof “cohabited with him for one year or more immediately before his death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage,”.

4. 1970

   Pub. L. 91–376 § 4 · 84 Stat. 787

   1. Amended · 38 U.S.C. § 103(d)

      Pub. L. 91–376 designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 103(d)

      Pub. L. 91–376 added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 91–376 designated existing provisions as par. (1) and added pars. (2) and (3).

   Enacted provision · exact public law section
   Sec. 4. Subsection (d) of section 103 of title 38. United States Code, Widows, marutak state, benefit provisions. 72 Stat. 1100; 76 Stat. 558. is amended by inserting “(1)” immediately after “(d)” and by adding at the end thereof the following: “(2) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow 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 widow or collusion. “(3) If a widow ceases living with another man and holding herself out openly to the public as his wife, the bar to granting her benefits as the widow of the veteran shall not apply.”

5. 1974

   Veterans and Survivors Pension Adjustment Act of 1974

   Pub. L. 93–527 § 9(a) · 88 Stat. 1702

   1. Amended · 38 U.S.C. § 103(e)

      Pub. L. 93–527 designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 103(e)

      Pub. L. 93–527 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 93–527 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Subsection (e) of section 103 of title 38, United States Married children, benefits. Code, is amended— (1) by adding “(1)” immediately before “The”; and (2) by adding at the end thereof the following new paragraph: “(2) 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.”.

6. 1986

   Pub. L. 99–576 § 701(2)(A) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 103(a)

      Pub. L. 99–576, § 701(2)(A), substituted “person as the widow or widower” for “woman as the widow”

   2. Substituted · 38 U.S.C. § 103(a)

      Pub. L. 99–576, § 701(2)(A), substituted “such person” for “she”

   3. Substituted · 38 U.S.C. § 103(a)

      Pub. L. 99–576, § 701(2)(A), substituted “the veteran” for “him”

   4. Substituted · 38 U.S.C. § 103(a)

      Pub. L. 99–576, § 701(2)(A), substituted “the veteran’s” for “his”

   5. Substituted · 38 U.S.C. § 103(a)

      Pub. L. 99–576, § 701(2)(A), substituted “legal widow or widower” for “legal widow”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, § 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”.

   Enacted provision · exact public law section
   (A) 38 USC 103. in subsection (a)— (i) by striking out “woman as the widow” and inserting in lieu thereof “person as the widow or widower”; (ii) by striking out “she” and inserting in lieu thereof “such person”; (iii) ) by striking out “him” and inserting in lieu thereof “the veteran”; (iv) by striking out “his” and inserting in lieu thereof “the veteran’s”; and (v) by striking out “legal widow” and inserting in lieu thereof “legal widow or widower”;

7. 1986

   Pub. L. 99–576 § 701(2)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 103(b)

   Pub. L. 99–576, § 701(2)(B), substituted “surviving spouse” for “widow”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 701(2)(B), substituted “surviving spouse” for “widow”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking out “widow” and inserting in lieu thereof “surviving spouse”;

8. 1986

   Pub. L. 99–576 § 701(2)(C) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 103(c)

   Pub. L. 99–576, § 701(2)(C), substituted “person is or was the spouse” for “woman is or was the wife”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 701(2)(C), substituted “person is or was the spouse” for “woman is or was the wife”.

   Enacted provision · exact public law section
   (C) in subsection (c), by striking out “woman is or was the wife” and inserting in lieu thereof “person is or was the spouse”;

9. 1986

   Pub. L. 99–576 § 701(2)(D) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 103(d)(1)

   Pub. L. 99–576, § 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”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 99–576, § 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”.

   Enacted provision · exact public law section
   (D) in subsection (d)(1), by striking out “widow of a veteran shall not bar the furnishing of benefits to her as the widow” and inserting in lieu thereof “surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse”;

10. 1986

    Pub. L. 99–576 § 701(2)(E) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 103(d)(2)

       Pub. L. 99–576, § 701(2)(E), substituted “surviving spouse” for “widow”

    2. Substituted · 38 U.S.C. § 103(d)(2)

       Pub. L. 99–576, § 701(2)(E), substituted “such person” for “her”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 99–576, § 701(2)(E), substituted “surviving spouse” for “widow” wherever appearing, and “such person” for “her”.

    Enacted provision · exact public law section
    (E) in subsection (d)(2)— (i) by striking out “widow” each place it appears and inserting in lieu thereof “surviving spouse”; and (ii) by striking out “her” and inserting in lieu thereof “such person”; and

11. 1986

    Pub. L. 99–576 § 701(2)(F) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 103(d)(3)

       Pub. L. 99–576, § 701(2)(F), substituted “surviving spouse” for “widow”

    2. Substituted · 38 U.S.C. § 103(d)(3)

       Pub. L. 99–576, § 701(2)(F), substituted “person” for “man”

    3. Substituted · 38 U.S.C. § 103(d)(3)

       Pub. L. 99–576, § 701(2)(F), substituted “himself or herself” for “herself”

    4. Substituted · 38 U.S.C. § 103(d)(3)

       Pub. L. 99–576, § 701(2)(F), substituted “that person’s spouse” for “his wife”

    5. Substituted · 38 U.S.C. § 103(d)(3)

       Pub. L. 99–576, § 701(2)(F), substituted “that person” for “her”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 99–576, § 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”.

    Enacted provision · exact public law section
    (F) in subsection (d)(3)— (i) by striking out “widow” each place it appears and inserting in lieu thereof “surviving spouse”; (ii) by striking out “man” and inserting in lieu thereof “person”; (iii) by striking out “herself” and inserting in lieu thereof “himself or herself”; (iv) by striking out “his wife” and inserting in lieu thereof “that person’s spouse”; and (v) by striking out “her” and inserting in lieu thereof “that person”.

12. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 8004(a)(1) · 104 Stat. 1388

    1. Amended · 38 U.S.C. § 103(d)

       Pub. L. 101–508, § 8004(a)(1), designated par. (1) as entire subsec. (d)

    2. Struck · 38 U.S.C. § 103(d)

       Pub. L. 101–508, § 8004(a)(1), struck out pars. (2) and (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–508, § 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.”

    Enacted provision · exact public law section
    (1) in subsection (d)— (A) by striking out “(1)”; and (B) by striking out paragraphs (2) and (3); and

13. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 8004(a)(2) · 104 Stat. 1388

    1. Amended · 38 U.S.C. § 103(e)

       Pub. L. 101–508, § 8004(a)(2), designated par. (1) as entire subsec. (e)

    2. Struck · 38 U.S.C. § 103(e)

       Pub. L. 101–508, § 8004(a)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–508, § 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.”

    Enacted provision · exact public law section
    (2) in subsection (e)— (A) by striking out “(1)”; and (B) by striking out paragraph (2).

14. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 103(a)

       Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    2. Substituted · 38 U.S.C. § 103(a)

       Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” and “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

15. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 103(c)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

16. 1991

    Pub. L. 102–83 § 4(a)(2)(A)(i) · 105 Stat. 378

    Substituted · 38 U.S.C. § 103(d); 38 U.S.C. § 103(e)

    Pub. L. 102–83, § 4(a)(2)(A)(i), substituted “Secretary” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 102–83, § 4(a)(2)(A)(i), substituted “Secretary” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (i) Subsections (d) and (e) of section 103.

17. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title V § 502(a) · 113 Stat. 1545

    1. Amended · 38 U.S.C. § 103(d)

       Pub. L. 106–117 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 103(d)

       Pub. L. 106–117 added pars. (2) to (5)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–117 designated existing provisions as par. (1) and added pars. (2) to (5).

    Enacted provision · exact public law section
    (a) Restoration of Prior Eligibility.— Section 103(d) is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following: “(2) 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. “(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 1713, 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.”.

18. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title II § 208(e)(1) · 115 Stat. 2446

    Substituted · 38 U.S.C. § 103(d)(5)(B)

    Pub. L. 107–135 substituted “1781” for “1713”

    Source evidence

    Code amendment note
    Subsec. (d)(5)(B). Pub. L. 107–135 substituted “1781” for “1713”.

    Enacted provision · exact public law section
    (1) Section 103(d)(5)(B) is amended by striking “1713” and inserting “1781”.

19. 2002

    Pub. L. 107–330 title I § 101(a) · 116 Stat. 2820

    1. Amended · 38 U.S.C. § 103(d)(2)

       Pub. L. 107–330 designated existing provisions as subpar. (A)

    2. Added · 38 U.S.C. § 103(d)(2)

       Pub. L. 107–330 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 107–330 designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (a) Exception to Termination of Benefits Upon Remarriage.— Paragraph (2) of section 103(d) is amended— (1) by inserting “(A)” after “(2)”; and (2) by adding at the end the following: “(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.”.

20. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 101(a) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 103(d)(2)(B)

    Pub. L. 108–183, § 101(a), substituted “The remarriage after age 57 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. Notwithstanding the previous sentence, the remarriage after age 55” for “The remarriage after age 55”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 108–183, § 101(a), substituted “The remarriage after age 57 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. Notwithstanding the previous sentence, the remarriage after age 55” for “The remarriage after age 55”.

    Enacted provision · exact public law section
    (a) Exception to Termination of Benefits Upon Remarriage.— Section 103(d)(2)(B) 38 USC 103. is amended by striking “The remarriage after age 55” and inserting “The remarriage after age 57 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. Notwithstanding the previous sentence, the remarriage after age 55”.

21. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 708(a)(1)(A)(i) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 103(d)(4)

    Pub. L. 108–183, § 708(a)(1)(A)(i), substituted “paragraph (2)(A) or (3)” for “this subsection” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 108–183, § 708(a)(1)(A)(i), substituted “paragraph (2)(A) or (3)” for “this subsection” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A), by striking “this subsection” and inserting “paragraph (2)(A) or (3)”; and

22. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 708(a)(1)(A)(ii) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 103(d)(4)(A)

    Pub. L. 108–183, § 708(a)(1)(A)(ii), substituted “paragraph (2)(A)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 108–183, § 708(a)(1)(A)(ii), substituted “paragraph (2)(A)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (ii) in subparagraph (A), by striking “paragraph (2)” and inserting “paragraph (2)(A)”; and

23. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 708(a)(1)(B) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 103(d)(5)

    Pub. L. 108–183, § 708(a)(1)(B), substituted “Paragraphs (2)(A)” for “Paragraphs (2)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 108–183, § 708(a)(1)(B), substituted “Paragraphs (2)(A)” for “Paragraphs (2)” in introductory provisions.

    Enacted provision · exact public law section
    (B) in paragraph (5), by striking “Paragraphs (2)” and inserting “Paragraphs (2)(A)”.

24. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2009 · 134 Stat. 4932

    Inserted · 38 U.S.C. § 103(d)(2)(B)

    Pub. L. 116–315, § 2009, inserted “chapter 13 or” after “benefits under”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 116–315, § 2009, inserted “chapter 13 or” after “benefits under”.

    Enacted provision · exact public law section
    SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WHO REMARRY AFTER AGE 55.   Section 103(d)(2)(B) of title 38, United States Code, is amended in the second sentence by inserting “chapter 13 or” after “benefits under”.

    Effective date note
    Pub. L. 116–315, title II, § 2003(b)(3), Jan. 5, 2021, 134 Stat. 4970, provided that: “The amendments made by this subsection [amending this section and section 1562 of this title] shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Jan. 5, 2021].”

25. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2003(b)(2)(B) · 134 Stat. 4932

    Added · 38 U.S.C. § 103(d)(5)(E)

    Pub. L. 116–315, § 2003(b)(2)(B), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (d)(5)(E). Pub. L. 116–315, § 2003(b)(2)(B), added subpar. (E).

    Enacted provision · exact public law section
    (B) Special provisions relating to marriages.— Section 103(d)(5) of such title is amended by adding at the end the following new subparagraph: “(E) Section 1562(a)(2), relating to Medal of Honor special pension.” .

    Effective date note
    Pub. L. 116–315, title II, § 2003(b)(3), Jan. 5, 2021, 134 Stat. 4970, provided that: “The amendments made by this subsection [amending this section and section 1562 of this title] shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Jan. 5, 2021].”

40 of 41 references resolved to an enrolled provision · 1 partial