Revised March 27, 2020
VII.i.3.C.1.aRequirement 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.bWhen 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.cConsidering 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.dEffective 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
| 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). |
| remove the child from the award effective the first of the year following the year during which the marriage occurred. |
| 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.eAdjusting Survivors Benefits Because of a Child's Marriage
Use the table below to adjust survivors benefits because of a child's marriage.
| If … | Then … |
|---|---|
| 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.
2Termination 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.
Revised July 29, 2024
VII.i.3.C.2.aRequirements 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.bObtaining 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.cDetermining 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?
|
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.dDetermining 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?
|
| 3 | Is there evidence that indicates there was fraud in obtaining the annulment?
|
| 4 |
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
|
| 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?
|
| 8 |
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.eDetermining 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:
|
a judicial decree of annulment was accepted as proof of termination of the child’s marriage |
|
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).
End of Part VII, Subpart i, Chapter 3, Section C