38 U.S.C. § 103 — Special provisions relating to marriages

(a) If someone applies for gratuitous death benefits as a veteran's widow or widower, and the VA is satisfied that the person married the veteran in good faith — without knowing about a legal problem with the marriage — and then lived with the veteran for at least a year before the veteran died (or for any length of time if a child was born of or before that marriage), the law treats that marriage as valid. This only applies if no legal widow or widower who actually qualifies for the benefits has also filed a claim. No one gets paid twice under this rule. (b) If a surviving spouse was legally married to the veteran more than once, the date of the original marriage is used to check whether the required marriage date has been met. (c) To decide whether someone is or was a veteran's spouse, the marriage is proven valid under the law of the place where the couple lived when they married, or the law of the place where they lived when the right to benefits began. (d) (1) A surviving spouse's remarriage does not block VA benefits if that remarriage is void, or was annulled by a court with the power to grant annulments — unless the Secretary decides the annulment was obtained through fraud by either party or through collusion. (2)(A) A surviving spouse's remarriage also does not block certain listed benefits, see paragraph 5, if the remarriage ended by death or divorce — unless the Secretary decides the divorce was obtained through fraud or collusion. (B) Remarriage after age 57 never blocks those listed benefits. Remarriage after age 55, specifically, does not block benefits under chapter 13 or section 1781 of this title. (3) If a surviving spouse stops living with, and stops publicly presenting as the spouse of, another person, that no longer blocks the listed benefits in paragraph 5. (4) Benefits restart the month after: (A) the remarriage ends, for a spouse covered by paragraph (2)(A); or (B) the spouse stops living with the other person, for a spouse covered by paragraph (3). (5) Paragraphs (2)(A) and (3) apply to these benefits: (A) dependency and indemnity compensation under section 1311; (B) medical care for survivors and dependents under section 1781; (C) educational assistance under chapter 35; (D) housing loans under chapter 37; and (E) the Medal of Honor special pension under section 1562(a)(2). (e) A veteran's child's marriage does not stop the VA from recognizing that child as the veteran's child for benefits, if the marriage is void, or was annulled by a court with the power to grant annulments — unless the Secretary decides the annulment was obtained through fraud by either party or through collusion.