38 USC § 1304 - Special provisions relating to surviving spouses

---
identifier: "/us/usc/t38/s1304"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1304 - Special provisions relating to surviving spouses"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1304"
section_name: "Special provisions relating to surviving spouses"
chapter_number: 13
chapter_name: "DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS"
subchapter_number: "I"
subchapter_name: "GENERAL"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1304, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)"
---


# § 1304. Special provisions relating to surviving spouses

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

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1304, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

## Editorial Notes

### Amendments

1991— renumbered  as this section.

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.

1967— 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

Amendment by  effective , see , set out as a note under .

### Effective Date of 1967 Amendment

Amendment by  effective first day of first calendar month which begins more than ten days after , see , set out as a note under .