Establishing the Validity of a Marriage for Department of Veterans Affairs (VA) Purposes

In This Section

Introduction

This topic contains information on the requirements for establishing the validity of a marriage, including

• what constitutes a valid marriage for VA purposes
• who is free to marry, and
• deeming a marriage valid when determining entitlement to survivors benefits.

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VII.i.2.A.1.a. What Constitutes a Valid Marriage for VA Purposes

• at the time of marriage, or
• when the claimant filed a valid claim (or became eligible for benefits, if eligibility arose after the date of claim).

VII.i.2.A.1.b. Who Is Free to Marry

• terminated by
  • death
  • divorce, or
  • annulment, or
• determined to be void under State law.

• State court evidence rules regarding presumptions of the validity of the most recent marriage may not be used to establish the validity of a current marriage for VA purposes if there is evidence of a valid, prior marriage that is undissolved.
• Use the Divorce Effective Date Table to determine the date on which the termination of an individual’s prior marriage became final.

VII.i.2.A.1.c. Deeming a Marriage Valid When Determining Entitlement to Survivors Benefits

Introduction

This topic contains information on what VA considers acceptable proof that a marriage is valid, including

• using entries a claimant makes on a prescribed form as proof of marriage
• determining whether documentary evidence of marriage is required
• primary evidence of a valid marriage, and
• secondary evidence of a valid marriage.

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VII.i.2.A.2.a. Using Entries a Claimant Makes on a Prescribed Form as Proof of Marriage

VII.i.2.A.2.b. Determining Whether Documentary Evidence of Marriage Is Required

• the claimant does not reside within a State (as defined in 38 CFR 3.1(i))
• VA Form 21-686c (or other prescribed form listed in the bottom row of the table in M21-1, Part II, Subpart iii, 1.A.1.a) contains entries that conflict with one another or raise a question regarding the validity of the marriage that cannot be resolved through
  • telephone contact with the claimant, or (if telephone contact cannot be made)
  • review of documentary evidence already of record, or
• there is reasonable indication of fraud or misrepresentation on the claimant’s part.

Notes:

• The forms listed in the bottom row of the table in M21-1, Part II, Subpart iii, 1.A.1.a do not ask claimants to identify for VA the location where they resided when the marriage took place or when they filed a claim to add a spouse to their award. The absence of this information alone does not trigger the requirement for documentary evidence of a marriage.
• If a claimant identifies a U.S. city as the home of record but provides VA with an army post office or fleet post office mailing address, it is generally acceptable to assume the claimant resides “within a State” for the purpose of this block.

• identifying fraudulent actions, see M21-1, Part X, Subpart iv, 3.A, and
• acceptable forms of primary and secondary evidence of a valid marriage, see M21-1, Part VII, Subpart i, 2.A.2.c and d.

VII.i.2.A.2.c. Primary Evidence of a Valid Marriage

• parties to the marriage
• date and place (city and State, county and State, or (if the marriage took place in a foreign country) city and country) of the marriage, and
• number of prior marriages, if shown on the official record.

VII.i.2.A.2.d. Secondary Evidence of a Valid Marriage

• an official report from the Veteran’s service department as to a marriage that occurred while the Veteran was in service
• an affidavit of the clergyman or magistrate who officiated in the marriage ceremony
• the original certificate of marriage, if VA is satisfied it is genuine and free from alteration
• affidavits or certified statements signed by two or more witnesses to the marriage ceremony, or
• any other secondary evidence that reasonably supports a belief by the adjudicating activity that a valid marriage actually occurred.

Introduction

This topic contains instructions for undertaking development to establish the validity of a marriage, including

• development for evidence 38 CFR 3.204(a)(2) requires, and
• VA’s obligation to assist claimants in obtaining documentary evidence of a marriage.

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VII.i.2.A.3.a. Development for Evidence CFR 3.204(a)(2) Requires

• primary evidence of marriage described in M21-1, Part VII, Subpart i, 2.A.2.c, or
• secondary evidence described in M21-1, Part VII, Subpart i, 2.A.2.d, if primary evidence of marriage cannot be obtained.

VII.i.2.A.3.b. VA’s Obligation to Assist Claimants in Obtaining Documentary Evidence of a Marriage

Introduction

This topic contains information about marriages that are terminated through annulment or divorce, including

• determining whether documentary evidence of termination of a marriage is necessary
• requesting documentary evidence of termination of a marriage, and
• additional actions that might be necessary after requesting documentary evidence of termination of a marriage.

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VII.i.2.A.4.a. Determining Whether Documentary Evidence of Termination of a Marriage Is Necessary

VII.i.2.A.4.b. Requesting Documentary Evidence of Termination of a Marriage

• Send a letter requesting the evidence described in the table above if
  • attempts to request the evidence by telephone are unsuccessful, or
  • contact by telephone is successful but the claimant is unable to provide the evidence (by e-mail, electronic upload, or in person) within 24 hours.
• Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e for documenting successful and unsuccessful attempts to contact a claimant by telephone.

VII.i.2.A.4.c. Additional Actions That Might Be Necessary After Requesting Documentary Evidence of Termination of a Marriage

Introduction

This topic contains information about marriages that are terminated through death, including

• when to request evidence of death
• primary evidence of death
• secondary evidence of death, and
• circumstances under which VA may make a finding of death.

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VII.i.2.A.5.a. When to Request Evidence of Death

Request evidence to establish the termination of a marriage through the death of a spouse when

• a claimant’s entries on VA Form 21-686c (or other prescribed form listed in the last row of the table in M21-1, Part II, Subpart iii, 1.A.1.a) conflict with other evidence or information of record
• the VA Form 21-686c(or other prescribed form) contains questionable or discrepant information that cannot be resolved through
  • telephone contact with the claimant, or
  • review of other evidence of record, or
  • there is a reasonable indication of fraud or misrepresentation.

  Notes:

  • If evidence to establish termination of a marriage through death is necessary, attempt to request it through telephone contact with the claimant. Request the evidence by letter if
    • the claimant cannot be reached by telephone, or
    • contact by telephone is successful but the claimant is unable to provide the evidence (by e-mail, electronic upload, or in person) within 24 hours.
  • Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e for documenting successful and unsuccessful attempts to contact a claimant by telephone.
  • VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a beneficiary’s award.

  References:

  • If removal of a dependent from a beneficiary’s award is necessary, follow the instructions in M21-1, Part VII, Subpart i, 1.A.4.g.
  • For more information on
    • using VBMS to create development letters, see the VBMS Core User Guide, and
    • identifying fraudulent actions, see M21-1, Part X, Subpart iv, 3.A.1.a.

VII.i.2.A.5.b. Primary Evidence of Death

• an official death certificate, or
• a copy of a coroner’s report of death or a verdict of a coroner’s jury.

VII.i.2.A.5.c. Secondary Evidence of Death

• a finding of the fact of death made by another Federal agency in the absence of evidence to the contrary, or
• affidavits from persons who have
  • personal knowledge of the fact of death, and
  • viewed the body and know it to be the body of the person whose death is being established.

VII.i.2.A.5.d. Circumstances Under Which VA May Make a Finding of Death

Introduction

This topic contains information on determining whether a marriage is void, including

• legally defective marriages
• definition of a void marriage
• effect of a determination that a marriage is void
• determining whether a marriage is void, and
• effective date for removing a spouse when a court declares a marriage void.

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VII.i.2.A.6.a. Legally Defective Marriages

Certain marriages have no legal effect even though

• a marriage ceremony was held, and
• the marriage was registered with local government authorities.

Such marriages are legally void because the parties to them did not satisfy the legal requirements for entering into a marriage at the time the alleged marriage took place.

VII.i.2.A.6.b. Definition: Void Marriage

• either party to the marriage is still married to someone else when the marriage in question takes place, or
• the parties to the marriage are closely related.

VII.i.2.A.6.c. Effect of a Determination That a Marriage Is Void

VII.i.2.A.6.d. Determining Whether a Marriage Is Void

VII.i.2.A.6.e. Effective Date for Removing a Spouse When a Court Declares a Marriage Void

Change Date

VII.i.2.A.7.a. Determining Whether an Impediment to Marriage Has Been Removed