US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 5307

Apportionment of benefits

(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. 85–85772 Stat. 1231Pub. L. 92–540, title V, § 50586 Stat. 1099Pub. L. 98–160, title VII, § 703(2)97 Stat. 1010Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238Pub. L. 102–83, § 4(b)(1)105 Stat. 404(, , , § 3107; , , ; , , ; renumbered § 5307, , , ; , (2)(E), , , 405.)

Editorial Notes

Amendments

Pub. L. 102–40section 3107 of this title1991— renumbered as this section.

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

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

Pub. L. 98–160, § 703(2)(A)Subsec. (a)(2). –(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”.

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

Pub. L. 98–160, § 703(2)(A)Subsec. (c). –(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”.

Pub. L. 92–5401972—Subsec. (c). 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 Amendment

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