VA apportionment can help veterans’ families get the compensation they’re entitled to, even if the veteran stops providing financial support. This post explains more about apportionment, including who qualifies for it and under what circumstances.
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You served your country and were disabled in the process. Now, your ex-spouse wants a portion of your VA disability payments for themselves and your child. VA apportionment means they may be entitled to at least some of your disability payments because of your obligation to support them.
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B.C., a Navy veteran in California
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In this article about VA apportionment:
What is VA apportionment?
Apportionment is when the VA requires that you give part of your VA disability to someone else, like a spouse or dependent. The VA takes this action when a veteran receives VA disability benefits, but it’s clear they do not support their spouse or dependents as expected.
For example, a veteran may have been ordered to pay child support or alimony after a divorce. If they do not make those payments, their ex-spouse or child may file to claim the portion of those disability benefits to which they are entitled.
When disability benefits are apportioned, the veteran doesn’t receive as much money from the VA each month. Instead, the child, spouse, or parent who filed for apportionment begins receiving a part of those funds.
Any or all of a veteran’s disability compensation amount can be apportioned. The amount apportioned depends on the situation. The VA may consider how badly the dependent family member was abandoned, how much compensation the veteran receives, and what other options the abandoned party has for supporting themselves.
Who is eligible for VA apportionment?
The VA can assign apportionment to anyone a veteran is legally responsible for supporting. This means an apportionment may be paid to:
- An estranged spouse and child
- Children in an estranged spouse’s custody
- A child or children not living with the primary beneficiary or surviving spouse and to whom the primary beneficiary or surviving spouse is not reasonably contributing.
- A dependent parent
- The spouse or child of a veteran who is in mental health care or isn’t competent to handle their own finances
- The spouse or child of a veteran who is hospitalized
- The parent or parents who are dependent on a veteran
To qualify for apportionment, a family member must demonstrate a need for support that the veteran is failing to meet, and they must live in a separate household from the veteran.
If the veteran died, death compensation can be apportioned if the veteran’s child or children aren’t in the surviving spouse’s custody. They also may still be able to receive dependency and indemnity compensation (DIC) benefits.
Additionally, if a veteran is in jail, their family can apply for apportionment to help them pay for costs while the veteran is incarcerated.
If a veteran’s child receives apportionment money, those payments will usually only last until they turn 18. If they join the military in an active-duty capacity before they turn 18, they will no longer receive apportionment benefits. However, the veteran parent will continue receiving disability compensation for that dependent child until the child turns 18, even if they join the military.
Lastly, if an ex-spouse receives apportionment benefits, they will lose those benefits if they begin living as another person’s spouse. If the ex-spouse never remarries, they may continue collecting this apportionment benefit until the veteran’s death. Apportionment benefits end after the last month the veteran was alive.
Who is ineligible for VA apportionment?
The VA doesn’t grant apportionment in all cases. The person seeking the benefit must qualify based on their relationship with the veteran and their situation. The VA will not pay apportionment if the veteran’s:
- Compensation doesn’t allow the veteran to pay a “reasonable amount” to anyone else
- Spouse is guilty of conjugal infidelity
- Spouse has lived with another person or claimed publicly to be another person’s spouse, unless they believed their marriage with the veteran was terminated
- Child was legally adopted by someone else
- Child enters active military service, unless that child is included in an existing apportionment to an estranged spouse
- Dependent is guilty of “mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies”
- Dependent is guilty of “fraud, treasonable acts, or subversive activities,” and where the forfeiture of the veteran’s benefits was declared after Sept. 1, 1959.
Apportionment also isn’t granted until someone files a claim for it and it is approved by the VA.
VA apportionment form
To be considered for apportionment, the family member must fill out VA Form 21-0788. They will need to provide information about their finances, including their monthly income and net worth. They will also need to detail their monthly living expenses to prove a demonstrable need for the veteran’s support.
After the VA receives the claim, they will gather evidence about the situation and consider the case. The filer may need to provide additional financial records, copies of court orders, and information about divorce proceedings.
Once the VA decides whether to approve or deny the claim, they notify the claimant and the veteran of their decision.
“Everyone was extremely professional and seemed to be very concerned with my case. They always keep me informed about my case and the process. I would recommend in a minute.”
M.S., an Army vet in Oklahoma
From a Google review for Woods & Woods
How Woods and Woods can help
At Woods and Woods, we focus on helping non-working veterans with service-connected conditions get individual unemployability benefits and, in some cases, increased ratings. We also help survivors of veterans receive their DIC benefits. If you think we can help you with your claim, call us today for a free case evaluation. You won’t pay us unless we take and win your case.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
Yes, you can get VA apportionment for child support if you are responsible for the veteran’s minor child.
You can’t receive VA apportionment if you are guilty of infidelity or if you remarried knowing that your veteran spouse was still living.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
