M21-1 Manual / Part VII, Subpart i, Chapter 3, Section C

Marriage of a Child

M21-1, Part VII, Subpart i, Chapter 3, Section C

Overview

In This Section

This section contains the following topics:

Topic	Topic Name
1	Effect of a Child’s Marriage
2	Termination of a Child’s Marriage

1. Effect of a Child’s Marriage

Introduction

This topic contains information about the effect of a child’s marriage, including

requirement that a child be unmarried
when to take action on a report of a child’s marriage
considering the inferred marriage of a child
effective date for adjusting benefits because of a child's marriage, and
adjusting survivors benefits because of a child's marriage.

Change Date

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

Introduction

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.

Change Date

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).

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VII, Subpart i, Chapter 3, Section C (U.S. government work, reproduced for reference). Browse all sections →