(UPDATED FEBRUARY 11, 2013) The following are the statutory sections that provide a benefit or support to military

spouses in the United States Code. Many are contained in Titles 10, 32, and 38, but they also appear in Titles 5, 6, 8, 20, 24, 26, 29, 33, 36, 37 and 50. Same-sex spouses do not have access to any of the benefits or support programs provided by these provisions because of the Defense of Marriage Act. Title 5 Government Organization and Employees 5 U.S.C. 8102(a) Title 6 Domestic Security 6 U.S.C. 331 Treatment of charitable trusts for members of the Armed Forces of the United States Death gratuity for injuries incurred in connection with employees service with an Armed Force

Title 8 Aliens and Nationality 8 U.S.C. 1201 8 U.S.C. 1354 8 U.S.C. 1430 8 U.S.C. 1443(a) 8 U.S.C. 1612 8 U.S.C. 1613 8 U.S.C. 1622 Title 10 Armed Forces Armed Forces extension on visas issued to adoptive parents serving overseas Ability of spouses with permanent residence status to travel and live overseas with Armed Service spouse if permitted by Armed Forces regulations Citizenship extended to surviving spouses of those killed during a period of honorable active duty service in the Armed Forces Ability of aliens serving in the Armed Forces and their otherwise eligible spouses to be naturalized overseas Eligibility of alien-status Armed Forces members and alien-status spouses to for certain Federal programs Armed Forces exception of five-year limited eligibility of qualified aliens for Federal means-tested public benefits Armed Forces exception of a States authority to limit eligibility of unqualified aliens for State public benefits

10 U.S.C. 188(a) 10 U.S.C. 701(j) 10 U.S.C. 987 10 U.S.C. 992 10 U.S.C. 1032 10 U.S.C. 1040 10 U.S.C. 1056 10 U.S.C. 1059

10 U.S.C. 1062 10 U.S.C. 1071 10 U.S.C. 1083 10 U.S.C. 1108 10 U.S.C. 1435 10 U.S.C. 1447 10 U.S.C. 1481 10 U.S.C. 1482 10 U.S.C. 1489 10 U.S.C. 1490 10 U.S.C. 1513 10 U.S.C. 1606 10 U.S.C. 1607

10 U.S.C. 1784 10 U.S.C. 1784a 10 U.S.C. 1787 10 U.S.C. 1789

Quadriennial quality of life review (review of support services for spouses and children) Entitlement and accumulation (10 day leave granted for a married member whose wife has given birth) Terms of consumer credit extended to members and dependents: limitations ((i)(2) spouse) Consumer education: financial services (credit counseling may be offered to spouse) Disability and death compensation: dependents of members held as captives Transportation of dependent patients Relocation assistance programs (limits employment opportunities to spouse) Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits 10 U.S.C. 1060(a) Special supplemental food program Certain former spouses (commissary and exchange access) Medical and Dental Care Contracts for medical care for spouses and children: additional hospitalization Health care coverage through federal employees health benefits program: demonstration project Eligible Beneficiaries (Retired Servicemembers Family Protection Plan) Survivor Benefit Plan Recovery, care, and disposition of remains: decedents covered Expenses incident to death Death gratuity: members and employees dying outside the United States while assigned to intelligence duties Transportation of remains: certain retired members and dependents who die in military medical facilities Missing Person (defines next of kin as spouse) Educational assistance for members of the Selected Reserve (transfer to dependent, which is defined as spouse or child) Educational assistance for reserve component members supporting contingency operations and certain other operations (transfer to dependent, which is defined as spouse or child) Employment opportunities for military spouses Education and training opportunities for military spouses to expand employment and portable career opportunities Reporting of child abuse (by member or spouse) Chaplain-led programs: authorized support (for spouse)

10 U.S.C. 1798 10 U.S.C. 2002 Title 20 Education 20 U.S.C. 1015(d) 20 U.S.C. 6674

Child care services and youth program services for dependents: financial assistance providers Dependents of members of armed forces: language training

In-state tuition rates for members of the Armed Forces on active duty, spouses and dependent children Troops-to-Teachers Program participation agreement; extension if needed to provide care to a disabled spouse

Tile 24 Hospitals and Asylums 24 U.S.C. 420 Disposition of effects of deceased persons; Armed Forces retirement homes; intestate disposition

Title 26 Internal Revenue Code 26 U.S.C. 7508 Title 29 Labor 29 U.S.C. 2612 Title 32 National Guard 32 U.S.C. 714 Final settlement of accounts; intestate disposition for National Guard members Guaranteed leave for spouses of Armed Forces members with impending deployment orders Time for performing certain acts postponed by reason of service in combat zone or contingency operation

Title 36 Patriotic and National Observances, Ceremonies and Organizations 36 U.S.C. 140503 Membership in the Military Order of the Purple Heart of the United States of America, Incorporated

Title 37 Pay and Allowances of the Uniformed Service Ch. 7 governs Allowances for other than travel defines dependent as spouse 37 U.S.C. 402 Basic allowance for subsistence 37 U.S.C. 402a Supplemental subsistence allowance for low-income members with dependents 37 U.S.C. 403 Basic allowance for housing 37 U.S.C. 403b Cost-of-living allowance in the continental United States 37 U.S.C. 423 Validity of allowance payments based on purported marriages

37 U.S.C. 427 37 U.S.C. 438

Family separation allowance Preventive health services allowance

Ch.8 governs Travel Allowances defines dependent as spouse 37 U.S.C. 474 Travel and transportation allowances: general 37 U.S.C. 474a Travel and transportation allowances: temporary lodging expenses 37 U.S.C. 474b Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member 37 U.S.C. 475 Travel and transportation allowances: per diem while on duty outside the continental United States 37 U.S.C. 475a Travel and transportation allowances: departure allowances 37 U.S.C. 476 Travel and transportation allowances: dependents; baggage and household effects 37 U.S.C. 476a Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified 37 U.S.C. 476b Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating 37 U.S.C. 476c Travel and transportation allowances: members assigned to a vessel under construction 37 U.S.C. 477 Travel and transportation allowances: dislocation allowance 37 U.S.C. 478 Travel and transportation allowances: travel within limits of duty station 37 U.S.C. 478a Travel and transportation allowances: inactive duty training outside of normal commuting distances 37 U.S.C. 479 Travel and transportation allowances: house trailers and mobile homes 37 U.S.C. 480 Travel and transportation allowances: miscellaneous categories 37 U.S.C. 481 Travel and transportation allowances: administrative provisions 37 U.S.C. 481a Travel and transportation allowances: travel performed in connection with convalescent leave 37 U.S.C. 481b Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours 37 U.S.C. 481c Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries 37 U.S.C. 481d Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents

37 U.S.C. 481e 37 U.S.C. 481f 37 U.S.C. 481h 37 U.S.C. 481i 37 U.S.C. 481j 37 U.S.C. 481k 37 U.S.C. 484 37 U.S.C. 489 37 U.S.C. 490 37 U.S.C. 492

Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty Travel and transportation allowances: transportation for survivors of deceased member to attend the member's burial ceremonies Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury Travel and transportation allowances: parking expenses Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured Travel and moving expenses of a service member in missing status [Set to expire in 2022] Travel and transportation allowances: minor dependent schooling Travel and transportation: dependent children of members stationed overseas Travel and transportation: members escorting certain dependents

Title 38 Veterans Benefits 38 U.S.C. 1115 38 U.S.C. 1121 38 U.S.C. 1135 38 U.S.C. 1141 38 U.S.C. 3319 38 U.S.C. 3452 38 U.S.C. 3501 38 U.S.C. 4101 Additional compensation for dependents (general) Wartime Death Compensation - Basic entitlement Additional compensation for dependents (disability) Peacetime Death Compensation - Basic entitlement Authority to transfer unused education benefits to family members Defines dependent for purposes of Chs. 34 & 36 both dealing with veterans education assistance Survivors and Dependents Educational Assistance Job Counseling, Training, and Placement Service for Veterans

Title 50 (Appendix) War and National Defense Title following sections are contained in the Servicemembers Civil Relief Act (SCRA). The SCRA applies to service members and their dependents. Dependent is defined in 50 U.S.C. Appendix 511 as (1) a servicemembers spouse; (2) a servicemembers child; or (3) an individual for whom the servicemember provided more than one-half of the individual's support for 180 days immediately preceding an application for relief under

the SCRA. A same-sex spouse could qualify as a dependent under the third category, but would not necessarily qualify and would not be qualified because of the spousal relationship. If the marriage was recognized, a same-sex spouse would always qualify under the first category. 50 U.S.C. Appendix 513 Invalidation of waivers of protection from liability executed by service member or dependents 50 U.S.C. Appendix 542 Automatically extends a power of attorney granted by the service member to a spouse if the service member is missing and the power of attorney expires 50 U.S.C. Appendix 515a Provides information and outreach to service members and adult dependents about Servicemembers Civil Relief Act 50 U.S.C. Appendix 531 Limitation on eviction for service member and dependents 50 U.S.C. Appendix 534 payment of equity to service member or dependents in home stayed from foreclosure. 50 U.S.C. Appendix 535 Termination of residential or motor vehicle lease; limitations and protections for service member or service member dependents 50 U.S.C. Appendix 538 Extension of protections to dependents; leases, contracts, bailments 50 U.S.C. Appendix 542 Servicemembers Civil Relief Act; automatically extends a power of attorney granted by the service member to a spouse if the service member is missing and the power of attorney expires 50 U.S.C. Appendix 561 Taxes on personal property, money, credits, real property; protections for service members and on property jointly owned by service member with dependents.