Rule changed 9 February 2026. Many older guides say a spouse or child can ask for a share when the Veteran is not supporting them. VA's final rule (Federal Register, 9 January 2026) ended those need-based apportionments for claims received on or after 9 February 2026. Read this page before you file.
What it is
An apportionment is when VA sends part of a Veteran's (or a surviving spouse's) VA payment directly to a dependent instead of all of it going to the person who earned it. The form for asking is VA Form 21-0788, Information Regarding Apportionment of Beneficiary's Award. VA says spouses, dependent children and dependent parents use it.
What changed
VA's final rule says VA no longer makes apportionments based on need or hardship. For claims VA receives on or after 9 February 2026, apportionment stays available only in narrow cases. According to the Federal Register summary, these are: (1) the Veteran or surviving spouse is incarcerated, and (2) an incompetent Veteran with no fiduciary is receiving hospital, nursing home or domiciliary care at government expense, where apportionment may go to a spouse, child or dependent parent. VA's rule (38 CFR 3.450) also says apportionment claims must be filed on the form VA prescribes.
VA said in the rule that family-support disputes belong in state courts. So if your real problem is support from a Veteran who is not paying, VA's rule points that question to state courts, not to VA.
9 February 2026
incarcerated: Veteran or surviving spouse; incompetent Veteran: no fiduciary.Federal Register final rule: Apportionments ยท Page reviewed September 2026.
If you already get an apportionment
Apportionments already being paid as of 9 February 2026 continue until the reason for them ends, such as a divorce, the death of the primary beneficiary, or the death of the person receiving the apportionment (38 CFR 3.450(b)).
How to ask if you think you fit one of the cases
Download and fill out VA Form 21-0788 (VA offers a PDF and an online tool).
Send it as the form directs, or call the benefits hotline first so a VA representative can tell you whether your case qualifies.
1Download and fill out VA Form 21-0788 (VA offers a PDF and an online tool).
2Send it as the form directs, or call the benefits hotline first so a VA representative can tell you whether your case qualifies.
Traps
Not every dependent-related payment is an apportionment. If you need to add or remove a dependent on the Veteran's own award, that is a different process; see VA's manage dependents page.
An apportionment is not a divorce or child support order and does not replace one.