38 U.S.C. § 5307

Apportionment of benefits

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(a) All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—(1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and(2) if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.(b) Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.(c) If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)Editorial NotesAmendments

1991—Pub. L. 102–40 renumbered section 3107 of this title as this section.

Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

1983—Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), substituted “the veteran’s spouse” for “his wife”.

Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, and “the custody of the veteran” for “his custody”.

Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted “surviving spouse” for “widow” in two places.

Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, “the custody of the veteran” for “his custody”, and “payable to the veteran” for “payable to him”.

1972—Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1972 Amendment

Amendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1993–2024 · leading case: Batcher v. Wilkie, 975 F.3d 1333 (Fed. Cir. 2020).

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Batcher v. Wilkie, 975 F.3d 1333 (Fed. Cir. 2020). · cites it 4× “Court of Appeals for Veterans Claims upholding the Board of Veterans’ Appeals’ grant of such apportionment to his now ex-wife, Roberta Batcher, under 38 U.S.C. § 5307 and its implementing regulations.”

William H. Wanless, Jr. v. Anthony J. Principi, 18 Vet. App. 337 (Vet. App. 2004). · cites it 2× “(4) Apportionments to dependents of veterans would be provided for under the same terms and conditions as are apportionments made pursuant to section 3107 of title 38, [currently enumerated as 38 U.S.C. § 5307 ,] which governs apportionments in the cases of non-incarcerated…”

Larry E. Belton v. Anthony J. Principi, 17 Vet. App. 209 (Vet. App. 2003). · cites it 2× “; see also 38 U.S.C. § 5307 ; see generally Redding v.”

Hall v. Brown, 5 Vet. App. 294 (Vet. App. 1993). “38 U.S.C.A. § 5307 (a)(2) (West 1991). Section 3.”

Loving v. Sterling, 680 A.2d 1030 (D.C. 1996). · cites it 2× “§ 3107 (a)(2) (recodified as 38 U.S.C. § 5307 (a)(2) (1991)) 3 and 38 U.”

Marrero v. Gober, 14 Vet. App. 80 (Vet. App. 2000). · cites it 2× “294 (1993); 38 U.S.C. § 5307 (a)(2). Similarly, 38 C.”

Costa v. West, 11 Vet. App. 102 (Vet. App. 1998). · cites it 2× “38 U.S.C. § 5307 (a)(2). Ordinarily, the standard of review that the Court applies to a discretionary determination made by the Secretary is whether such a determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”

John J. Batcher v. Robert L. Wilkie (Vet. App. 2019). · cites it 7× “" 38 U.S.C. § 5307 (a)(2). In general, VA may apportion such 5 In November 2016, Mr.”

190520-12370 (Board of Vet. App. 2020). · cites it 4× “38 U.S.C. § 5307 ; 38 C.F.R. §§ 3.450 , 3.”

190913-32434 (Board of Vet. App. 2020). · cites it 3× “38 U.S.C. § 5307 ; 38 C.F.R. §§ 3.450 , 3.”

in the Interest of C.E.A.Q. (Tex. App. 2020). · cites it 2× “See 38 U.S.C.A. § 5307 (a)(1). According to the statute, apportionment may occur if the veteran is not reasonably discharging his duty to support his dependents.”

Thurman Fuller, Jr. v. Denis McDonough (Vet. App. 2022). · cites it 2× “The residual amount not paid to the veteran may be paid as an apportionment to his or her dependents under 38 U.S.C. § 5307 (a). VA benefits are not assignable and are generally exempt from legal or equitable process such as taxation and the claims of creditors, except to the…”

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