--- title: "Part VII, Subpart i, Chapter 3, Section C Marriage of a Child" document: "M-21-1" section: "Part VII, Subpart i, Chapter 3, Section C" canonical: "https://veteranai.co/va-regulations/m21-1/vii.i.3.c-marriage-of-a-child" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000176625/M21-1-Part-VII-Subpart-i-Chapter-3-Section-C-Marriage-of-a-Child" updated: "2026-09-07T14:37:28.618662Z" --- March 27, 2020 ### VII.i.3.C.1.a. Requirement That a Child Be Unmarried Under [38 CFR 3.57](), a person must be unmarried to qualify as a child for Department of Veterans Affairs (VA) purposes. Therefore, a person of any age who marries ceases to be a child for VA purposes. ### VII.i.3.C.1.b. When to Take Action on a Report of a Child’s Marriage Take action subject to the applicable provisions of this section after receiving * a statement from a beneficiary with the month and year of a child’s marriage, and/or * evidence showing the marriage of a child to or for whom VA is paying Survivors Pension, disability compensation, or Dependency and Indemnity Compensation. **Reference:** For more information on acceptable statements of changes in a dependent's status, see [38 CFR 3.213](). ### VII.i.3.C.1.c. Considering the Inferred Marriage of a Child General Counsel has held there is no basis for inferring a child’s marriage based on the child’s cohabitation with another person. However, if the child cohabits with another person in a jurisdiction recognizing common law marriage, it is possible to find that the child has entered into a common law marriage. **Reference:** For more information on establishing a common law marriage against an individual's will, see [M21-1, Part VII, Subpart i, 2.B.6](). ### VII.i.3.C.1.d. Effective Date for Adjusting Benefits Because of a Child's Marriage The table below describes the effective date for adjusting benefits because of a child's marriage.| **If the child …**| **Then …** is entitled to benefits * in their own right, or * as an apportionee, receiving payments directly or through a fiduciary | discontinue the benefits effective the first day of the month during which the marriage occurred.**Reference:** For more information on discontinuing the award, see [38 CFR 3.500(n)(1)](). * is a dependent on another person’s award, and * married prior to October 1, 1982 | remove the child from the award effective the first of the year following the year during which the marriage occurred. * is a dependent on another person’s award, and * married on or after October 1, 1982 | remove the child from the award effective the first of the month following the month during which the marriage occurred. is a dependent on a Veteran’s or surviving spouse’s Section 306 or Old-Law Pension award| remove the child from the award effective the first of the year following the year during which the marriage occurred. **Note:** The instructions described in the table above are for application regardless of whether the child is capable of self-support. **References:** For more information on * adjusting an award based on the marriage of a child that is permanently incapable of self-support, see [M21-1, Part X, Subpart ii, 6.B.4.b](), and * procedures for making award adjustments, see the _Veterans Benefits Management System (VBMS) Awards User Guide_. ### VII.i.3.C.1.e. Adjusting Survivors Benefits Because of a Child's Marriage Use the table below to adjust survivors benefits because of a child's marriage.| **If …**| **Then …** * a surviving spouse is receiving payments on account of the married child, or * the married child is receiving an apportioned share of a surviving spouse’s award | reduce or discontinue the surviving spouse’s award according to the instructions in [M21-1, Part VII, Subpart i, 1.C.4](). other children are receiving apportioned awards| make adjustments in separate awards to other children (no surviving spouse entitled) effective the date of discontinuation of the married child’s award per [38 CFR 3.651](), except as provided for reapportionment of awards to other apportionees per [M21-1, Part VI, Subpart iv, 2.C.6]().**Note:** The adjustment of the remaining children’s rates due to the loss of a child is one of the few occasions an increase may be made in a Section 306 or Old-Law Pension rate. **References:** For more information on * adjusting an award because of the loss of a dependent, see [M21-1, Part VII, Subpart i, 1.C.4]() * the loss of the only or last child in Section 306 and Old-Law Pension cases, see [M21-1, Part IX, Subpart iii, 1.C.5](), and * procedures for award adjustments, see the _VBMS Awards User Guide_. ## 2. Termination of a Child’s Marriage This topic contains information on the termination of a child’s marriage, including * requirements regarding the reestablishment of entitlement following the termination of a child's marriage * obtaining evidence regarding the termination of a child’s legal marriage * determining whether a child’s marriage * is void, and * has been annulled, and * determining the effective date of an award based on a void or annulled marriage. July 29, 2024 ### VII.i.3.C.2.a. Requirements Regarding the Reestablishment of Entitlement Following the Termination of a Child's Marriage VA may pay benefits to or for a child that married as long as the marriage was * terminated on or after November 1, 1990, and * declared void or annulled. For marriages terminated prior to November 1, 1990, VA may pay benefits to or for the child as long as the marriage was * terminated by death, or * dissolved by divorce decree. **References:** For more information on * determining whether a child’s marriage * is void, see M21-1, Part VII, Subpart i, 3.C.2.c, and * was annulled, see M21-1, Part VII, Subpart i, 3.C.2.d, and * marriages terminated prior to November 1, 1990, see [38 CFR 3.55(b)(2)](). ### VII.i.3.C.2.b. Obtaining Evidence Regarding the Termination of a Child’s Legal Marriage After receiving notice that the legal marriage of a child has been terminated, request the following evidence if there is a possibility that VA may be able to pay benefits to or for the child: * a statement from the child indicating where, when, and how the marriage was dissolved, to include an indication of whether the marriage was considered void * a statement as to whether or not the child ever filed an application for or received VA benefits as the child of another Veteran, and * a copy of the final decree of annulment, if the child's marriage was annulled. **Important:** If the child has received benefits as the child of another Veteran, the statement _must_ include the name and VA claim number of the other Veteran. **Note:** Determine the effective date per the information in M21-1, Part VII, Subpart i, 3.C.2.e. ### VII.i.3.C.2.c. Determining Whether a Child’s Marriage Is Void Follow the steps in the table below to determine whether a child’s marriage is void.| **Step**| **Action** 1| Fully develop the facts surrounding the alleged void marriage. This includes obtaining statements from parties to the “marriage.” 2| Submit the case to District Counsel for a legal opinion as to whether or not the marriage is void.**Reference:** For more information on when to obtain an opinion from District Counsel, see [M21-1, Part VII, Subpart i, 1.A.3.d](). 3| Did District Counsel declare the marriage void? * If _yes,_ determine the effective date of an award or an increased award per the information in M21-1, Part VII, Subpart i, 3.C.2.e. * If _no_ , deny the claim. **Note:** No administrative decision is required. **Reference:** For more information on determining whether a marriage is void, see [M21-1, Part VII, Subpart i, 2.A.6](). ### VII.i.3.C.2.d. Determining Whether a Child’s Marriage Has Been Annulled Follow the steps in the table below to determine whether a child’s marriage has been annulled. **Important:** A finding that an annulment was fraudulently obtained renders the annulment invalid for VA purposes. | **Step**| **Action** 1| Ask the claimant to submit a copy of the court decree of annulment. 2| Did the claimant provide the decree within 30 days? * If _yes_ , go to the next step. * If _no_ , * deny the pending claim, and * disregard the remaining steps in this table. 3| Is there evidence that indicates there was fraud in obtaining the annulment? * If _yes_ , go to Step 5. * If _no,_ * accept the decree as evidence of termination of the marriage, and * go to the next step. 4| * Award benefits to or for the child if entitlement otherwise exists. * Disregard the remaining steps in this table. **Note:** Use the information in M21-1, Part VII, Subpart i, 3.C.2.e, to determine the proper effective date of the award. 5| Initiate full development to include requesting * copies of the * petition to the court for annulment, and * answer to the petition, and * a transcript of the testimony. 6| After development is complete, ask District Counsel for an opinion as to the legal effect of the alleged annulment. **Note:** An opinion is required from District Counsel because questions as to whether or not the decree was obtained through fraud are mixed questions of fact and law.**Reference:** For more information on submitting a request for an opinion to District Counsel, see [M21-1, Part VII, Subpart i, 1.A.3.e](). 7| Did District Counsel determine the annulment was fraudulently obtained? * If _yes_ , go to Step 9. * If _no_ , * accept the decree as evidence of termination of the marriage, and * go to the next step. 8| * Award benefits to or for the child if entitlement otherwise exists. * Disregard the remaining step in this table. **Note:** Use the information in M21-1, Part VII, Subpart i, 3.C.2.e, to determine the proper effective date of the award. 9| Prepare a three-signature administrative decision using the format in [M21-1, Part X, Subpart v, 1.C.2](). ### VII.i.3.C.2.e. Determining the Effective Date of an Award Based on a Void or Annulled Marriage Use the table below to determine the proper effective date of an award or increased award of benefits that is based on a claim that a child's marriage is void or was annulled.| **If …**| **Then the proper effective date is …** District Counsel determined the marriage is void| the **_later_** of the following dates: * the date cohabitation ended, or * the date VA received the claim. a judicial decree of annulment was accepted as proof of termination of the child’s marriage| * the date the decree became final (if VA received the claim within one year of that date), or * the date VA received the claim. **Reference:** For more information on the effective date of an award or increased award of benefits based on * a void marriage, see [38 CFR 3.400(u)(1)](), and * an annulled marriage, see [38 CFR 3.400(u)(2)]().