Family

Apportionment: sharing part of a veteran's VA pay

What VA apportionment is, and what changed for new claims on 9 February 2026.

← Back to vsgsolutions.org
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

9 February 2026incarceratedVeteran or surviving spouseincompetent Veteranno fiduciary
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

  1. Download and fill out VA Form 21-0788 (VA offers a PDF and an online tool).
  2. Send it as the form directs, or call the benefits hotline first so a VA representative can tell you whether your case qualifies.

Traps

Where to call and where to go

Phone

Official pages

Free accredited help

Sources