---
kind: "section"
citation: "38 U.S.C. § 1304"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1304"
heading: "Special provisions relating to surviving spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1304"
units:
  - "Part II — General Benefits"
  - "Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths"
  - "Subchapter I — General"
---

# §1304. Special provisions relating to surviving spouses


No [dependency and indemnity compensation](/usc/38/101.md?p=14) shall be paid to the [surviving spouse](/usc/38/101.md?p=3) of a [veteran](/usc/38/1101.md?p=1) dying after December 31, 1956, 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.

## 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.)

## Notes

### Editorial Notes

### Amendments

1991—Pub. L. 102–83 renumbered section 404 of this title as this section.

1976—Pub. L. 94–433, § 405(4), (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—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.

### 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.