---
kind: "section"
citation: "38 U.S.C. § 1102"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1102"
heading: "Special provisions relating to surviving spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1102"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter I — General"
---

# §1102. Special provisions relating to surviving spouses

- (a) No [compensation](/usc/38/101.md?p=13) shall be paid to the [surviving spouse](/usc/38/101.md?p=3) of a [veteran](/usc/38/1101.md?p=1) under this chapter unless such [surviving spouse](/usc/38/101.md?p=3) was married to such [veteran](/usc/38/1101.md?p=1)—
  - (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](/usc/38/1101.md?p=1) was incurred or aggravated; or
  - (2) for one year or more; or
  - (3) for any period of time if a [child](/usc/38/1831.md?p=1) was born of the marriage, or was born to them before the marriage.
- (b) [Subsection (a)](#a) shall not be applicable to any [surviving spouse](/usc/38/101.md?p=3) who, with respect to date of marriage, could have qualified as a [surviving spouse](/usc/38/101.md?p=3) for death [compensation](/usc/38/101.md?p=13) under any law administered by the [Secretary](/usc/38/101.md?p=1) in effect on December 31, 1957.

## Source credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

## Notes

### Editorial Notes

### Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section.

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

1976—Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline.

Subsec. (a). Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”.

Subsec. (b). Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places.

1967—Subsec. (a)(2), (3). Pub. L. 90–77 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.

1960—Subsec. (a)(1). Pub. L. 86–491 substituted “fifteen years” for “ten years”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

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