38 C.F.R. §§ 3.450–3.455

Applicability. Sections 3.450 through 3.459 apply to all claims for apportionment VA receives on or after February 9, 2026.

Existing apportionments. All apportionments being paid as of February 9, 2026, will continue to be paid until the circumstances that provided entitlement to the apportionment no longer exist, such as divorce of the veteran and spouse, death of the primary beneficiary, death of an apportionee, or other such circumstances that provided entitlement to the apportionment.

Apportionment application. Claims for apportionment must be submitted to VA on a form prescribed by the Secretary.

Apportionment to a child on active duty. No apportionment of disability or death benefits will be made or changed solely because a child has entered active duty. If an apportionment is claimed for a child on active duty on the date the apportionment claim is received by VA, no apportionment will be made. If an apportionment is being paid to the veteran's spouse and includes an amount for a child, and the child enters active duty, no change in the apportionment will be made.

Apportionment of death benefits. Any amounts payable for children under §§ 3.454 and 3.455 will be equally divided among the children.

Pending appointment of fiduciary. Pending the appointment of a guardian or other fiduciary.

Unless the spouse of a veteran files a claim for an apportionment. If there is a child of the veteran, an apportionment will not be authorized unless a claim for an apportionment is filed by or for the child.

To any beneficiary's dependent who is determined by VA to have been guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the U.S. or its allies.

Disability pension. Disability pension will be apportioned to the veteran's spouse or child or children.

Survivors pension. Old-Law survivors pension, section 306 survivors pension, and improved pension will be apportioned to the veteran's child or children.

Conditions under which apportionment may be made. The surviving spouse's award of dependency and indemnity compensation (DIC) will be apportioned where there is a child under 18 years of age and the surviving spouse is incarcerated and meets the provisions of § 3.665. DIC will not be apportioned under this paragraph (a) for a child over age 18 years unless the child is permanently incapable of self-support in accordance with the provisions of § 3.57.

Rates payable. The amount of apportionment of DIC will be determined in accordance with the provisions of § 3.665.