38 C.F.R. § 3.450
General Apportionment
(a) Applicability. Sections 3.450 through 3.459 apply to all claims for apportionment VA receives on or after February 9, 2026.
(b) 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.
(c) Apportionment application. Claims for apportionment must be submitted to VA on a form prescribed by the Secretary.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1977–2022 · leading case: Rose v. Rose, 481 U.S. 619 (1987).
Rose v. Rose, 481 U.S. 619 (1987). “" 38 CFR § 3.450 (a)(1)(ii) (1986). In none of these provisions is there an express indication that the Administrator possesses exclusive authority to order payment of disability benefits as child support.”
Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). “§ 541 refers to a pension “to the surviving spouse,” not to the child; that although the VA does provide for apportionment or direct payment to the child, it does so only when the child is not in the surviving spouse’s custody, see 38 C.F.R. § 3.450 (a)(2), or when there is no…”
Batcher v. Wilkie, 975 F.3d 1333 (Fed. Cir. 2020). “38 C.F.R. §§ 3.450 , 3.451. General appor- tionment is available “[i]f the veteran is not residing with his or her spouse .”
Larry E. Belton v. Anthony J. Principi, 17 Vet. App. 209 (Vet. App. 2003). “The Secretary argues that the petitioner lacks standing to assert his mother's rights in this matter because he has not been adversely affected by the termination of his mother's apportionment award; is not her legal guardian; and has no personal stake in the outcome of these…”
Marrero v. Gober, 14 Vet. App. 80 (Vet. App. 2000). “Pursuant to 38 C.F.R. § 3.450 (a)(1)(ii) (1999), a veteran's pension is subject to apportionment "[i]f the veteran is not residing with his .”
Matter of Est. of Patterson, 805 P.2d 401 (Ariz. Ct. App. 1991). “" 38 C.F.R. § 3.450 (a)(1)(ii). Presumably, such an apportionment to the children would reduce the noncustodial veteran's benefit proportionately.”
Hall v. Brown, 5 Vet. App. 294 (Vet. App. 1993). “” 38 C.F.R. § 3.450 (a)(l)(ii) (1992). Section 3.”
Sena v. Roudebush, 442 F. Supp. 153 (D.N.M. 1977). “regulations also provide that in the event of an estrangement a spouse has the right to apply for an apportionment of the pension, 38 C.F.R. 3.450 et seq. It would seem, therefore, that as a wife Mrs.”
190520-12370 (Board of Vet. App. 2020). “§ 5307 ; 38 C.F.R. §§ 3.450 , 3.451. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is also the appellant, served on active duty from April 1996 to April 2016.”
190913-32434 (Board of Vet. App. 2020). “§ 5307 ; 38 C.F.R. §§ 3.450 , 3.451, 3.452, 3.453, 3.”
Hugh Whaley v. Patricia Harris, Sec'y of Health, Educ. & Welfare, 650 F.2d 181 (9th Cir. 1981). “38 C.F.R. § 3.450 . In this case, Whaley’s children were in his custody.”
11-02 249 (Board of Vet. App. 2014). “A general apportionment may be paid under the circumstances set forth in 38 C.F.R. § 3.450 . More specifically, 38 C.”
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