The Department of Veterans Affairs finalized a rule on January 9, 2026, eliminating need-based apportionments of disability compensation under 38 CFR Part 3, effective February 10, 2026. For Texas military families, this means spouses and dependents can no longer petition the VA directly to redirect a veteran's benefits — all alimony and child support disputes must now go through state family courts under Tex. Fam. Code § 154.062.
Key Facts
| Detail | Summary |
|---|---|
| What happened | VA issued final rule ending need-based apportionments for new claims |
| Effective date | February 10, 2026 |
| Rule citation | 38 CFR Part 3 (RIN 2900-AQ73) |
| Who is affected | Military spouses and dependents in all 50 states seeking to redirect VA disability pay |
| Exception | Existing apportionments are grandfathered; incarcerated/institutionalized veterans still subject to apportionment |
| Practical impact | All new military support claims must go through state divorce courts |
Why This Rule Changes Military Divorce Nationwide
The VA's final rule represents the most significant shift in military benefit enforcement since the Uniformed Services Former Spouses' Protection Act of 1982 (10 U.S.C. § 1408). Before this change, a spouse could file a VA Form 21-0788 requesting that the VA carve out a portion of the veteran's monthly disability check and send it directly to the spouse or children based on financial need. That option is now closed for all new claims filed after February 10, 2026.
The VA received 42 public comments during the rulemaking process, with several veterans' advocacy groups and family law organizations weighing in. The agency's stated rationale is straightforward: state family courts are better equipped to evaluate the full financial picture of both spouses and issue enforceable support orders. The VA acknowledged that its apportionment process was never designed to function as a substitute for family court proceedings and that dual-track enforcement created confusion and inconsistent outcomes.
This matters because roughly 2.1 million veterans receive VA disability compensation, according to the VA's 2025 Annual Benefits Report. Texas alone is home to approximately 1.7 million veterans — the second-largest veteran population in the country — making this rule change disproportionately significant for Texas family courts.
How Texas Law Handles Military Support Disputes Now
Texas family courts already have broad authority to order child support and spousal maintenance from military members, but the elimination of VA apportionments makes state court orders the only enforcement mechanism for new cases.
Under Tex. Fam. Code § 154.062, Texas courts calculate child support based on a percentage of the obligor's net resources. VA disability compensation is explicitly included in the definition of "net resources" under Tex. Fam. Code § 154.062(b)(5), which lists "all other income actually being received" including disability benefits. This means Texas courts can and do factor VA disability pay into child support calculations.
For spousal maintenance (Texas's version of alimony), Tex. Fam. Code § 8.054 caps payments at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. VA disability compensation counts toward that gross income figure. However, the Supremacy Clause and federal preemption under 38 U.S.C. § 5301 still prohibit state courts from directly garnishing or attaching VA disability payments. This distinction is critical: a Texas court can order the veteran to pay support calculated using disability income, but it cannot garnish the VA check itself.
The enforcement gap this creates is real. Under the old system, a spouse could simultaneously pursue a state court order and a VA apportionment. If the veteran refused to comply with the state order, the VA apportionment served as a backstop — the money came directly from the VA regardless of the veteran's cooperation. With that backstop eliminated, enforcement now relies entirely on state contempt proceedings under Tex. Fam. Code § 157.001, wage withholding from non-VA income sources, and other traditional enforcement tools.
Texas courts can still enforce support orders through income withholding from military retired pay (as opposed to disability pay) under the Uniformed Services Former Spouses' Protection Act. If a veteran waives retired pay to receive disability compensation — a common strategy to reduce taxable income — the support obligee loses the ability to garnish that portion directly. The VA's new rule now removes the alternative path that previously existed.
Practical Takeaways for Texas Military Families
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File state court support orders immediately if you are separating from a military spouse. The VA apportionment safety net no longer exists for new claims filed after February 10, 2026. A Texas court order under Tex. Fam. Code Chapter 154 is now your only path to establishing support obligations.
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Document all income sources thoroughly during discovery. Texas courts need a complete financial picture including VA disability ratings, monthly compensation amounts, and any retired pay waiver elections. Request the veteran's DD-214, VA award letter, and military Leave and Earnings Statement.
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Address enforcement mechanisms in your decree. Because VA disability pay cannot be directly garnished, your attorney should build alternative enforcement provisions into the divorce decree — including contempt remedies, property liens, and income withholding from non-VA sources.
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Existing apportionments remain in effect. If you currently receive a VA apportionment established before February 10, 2026, it continues under the grandfathering provision. Do not voluntarily cancel it assuming you can reinstate it later — you cannot.
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Consider the disability-retirement pay waiver strategy during property division. Veterans who waive retired pay in favor of tax-free disability compensation effectively shield that income from direct garnishment. Texas courts can offset this through unequal property division under Tex. Fam. Code § 7.001, but only if the issue is raised during proceedings.
Frequently Asked Questions
Can Texas courts still include VA disability pay in child support calculations?
Yes. Texas courts include VA disability compensation in the obligor's net resources under Tex. Fam. Code § 154.062(b)(5). The court calculates support based on this income, but it cannot directly garnish the VA payment itself due to federal preemption under 38 U.S.C. § 5301. The veteran must pay voluntarily or face contempt proceedings.
What happens to my existing VA apportionment after the rule change?
Existing apportionments established before February 10, 2026, are grandfathered under the VA's final rule and will continue without interruption. The VA will maintain current payment arrangements for previously approved claims. However, any new apportionment request filed after that date will be denied except in cases involving incarcerated or institutionalized veterans.
How do I enforce a Texas support order if my ex-spouse only receives VA disability income?
Enforcement options include filing a motion for contempt under Tex. Fam. Code § 157.001, which can result in jail time for willful nonpayment. Texas courts can also place liens on the veteran's real and personal property, suspend driver's licenses, and intercept tax refunds. Building multiple enforcement mechanisms into the original decree is essential when VA disability is the primary income source.
Does the Uniformed Services Former Spouses' Protection Act still apply in Texas?
Yes. The USFSPA (10 U.S.C. § 1408) still allows Texas courts to divide military retired pay as community property and to garnish up to 50% of disposable retired pay for support (65% if there are arrearages). The VA's rule change only affects disability compensation apportionments — retired pay division and garnishment remain fully available through DFAS.
Should I refile in state court if my VA apportionment request was recently denied?
Yes, and promptly. If the VA denied your apportionment request after February 10, 2026, state family court is now your sole remedy. In Texas, you can file for child support or spousal maintenance through your county's district court. The court has jurisdiction regardless of where the veteran is stationed, provided Texas has personal jurisdiction under Tex. Fam. Code § 159.201.
If you are navigating a military divorce in Texas, connect with a family law attorney in your county through our Texas directory to discuss how this rule change affects your specific situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.