PRIA, Government Policy, Made Personal

Summary

The VA can divide a veteran’s pay and related benefits so part goes to the veteran’s spouse, children, or dependent parents. This can happen if the veteran is getting hospital or other long‑term care from the government, or if the veteran does not live with the spouse or some children are not in the veteran’s custody. If a veteran dies and some children are not with the surviving spouse, the spouse’s benefit can also be split. Any subsistence allowance under chapter 31 or the portion of educational assistance for dependents under chapter 34 may be divided in the same situations, and the VA Secretary sets the rules for how the money is split.

Title 38, §5307

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 Subsidiaries

Effective Date

of 1972 AmendmentAmendment 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.

§5307 Apportionment of Benefits