---
kind: "section"
citation: "38 C.F.R. § 3.455"
title: "38"
number: "3.455"
heading: "Apportionment of a surviving spouse's dependency and indemnity compensation."
url: "https://uscodex.org/cfr/38/3.455"
---

# §3.455. Apportionment of a surviving spouse's dependency and indemnity compensation.

- (a) **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](/cfr/38/3.665.md). DIC will not be apportioned under this [paragraph (a)](#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](/cfr/38/3.57.md).
- (b) **Rates payable.** The amount of apportionment of DIC will be determined in accordance with the provisions of [§ 3.665](/cfr/38/3.665.md).

## Notes

### Amendments

[91 FR 906, Jan. 9, 2026]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[91 FR 906, Jan. 9, 2026]