38 U.S.C. § 1304 | Special provisions relating to surviving spouses

December 31, 1956No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after , 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.

Pub. L. 85–857Sept. 2, 195872 Stat. 1127 Pub. L. 90–77, title I, § 101(a)Aug. 31, 196781 Stat. 178 Pub. L. 94–433, title IV, § 405(4)Sept. 30, 197690 Stat. 1379 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406(, , , § 404; , , ; , (5), , ; renumbered § 1304, , , .)

Editorial Notes

Amendments

Pub. L. 102–83 section 404 of this title1991— renumbered as this section.

Pub. L. 94–433, § 405(4)1976—, (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.

Pub. L. 90–771967— 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 Amendment

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

Effective Date of 1967 Amendment

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