Definitions

§ 401. Definitions In this chapter, “dependent”, with respect to a member of a uniformed service, means— (1) his spouse; (2) his unmarried legitimate child (including a stepchild, or an adopted child, who is in fact dependent on the member) who either— (A) is under 21 years of age; or (B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and (3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before he became 21 years of age) who is in fact dependent on the member for over one-half of his support and actually resides in the member’s household. However, a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support. For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent’s divorce from the parent by blood.