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B-207592 1 (1982-06-23)

handle is hein.gao/gaobadkkx0001 and id is 1 raw text is: DECISION FILE: B-207592 *THE COMPTROLLR UENEARA.L 0F THU UNITED 8TATUB WASHINGTON, 0.. 200 40 DATE June 23, 1982 MATTER OFt Lieutenant Weldon L. Haki, Retired (Deceased) DIGEST: A Navy lieutenant remarried even though a final decree was not entered in a divorce action from his first wife, Following his death, both wives claimed to be his widow for purposes of entitle- rient to a Survivor Benefit Plan annuity Because of the unusual facts involved in the case$ it is not clear which claimant would be considered the widow undier applicable state law, In the absence of a determination of the matter by a court of competent jurisdiction, no payments may be nade to either party. The Disbursing Officer, Navy Finance Center, Cleveland, Ohio, requests a decision as to who Is the legal widow of Lieutenant Weldon E. Miaki, USN, Retired (Dceased), for purposes of entttlement to a Survivor Benefit Plan annuity under 10 U,S.C. 5§ 1447-1455, According to statute the widow of the deceased is to receive the annuity, However, Lieutenant Maki was mrrried twice and both wives claim to be his legal widow. We conclude that the validity of Lieutenant Maki's divorce and remarriage is so uncertain that we cannot determine who the legal vidow is, and consequently cannot authorize the payment of benefits to either of the claimants. The proper course is for the parties to obtain a determination of their marital status by a court of competent Jurisdiction. This case was forwarded to us by the Navy Accounting and Finance Center and has been assigned submission number DO-N-11'94 by the Department of Defense Militaey Pay and Allowance Committee. According to the record, Lieutenant Maki married Sarah Pay aki on March 19, 1949, In Yuma, Arizona. The two separated in 1965, at which time Sarah apparently filed for divorce in San Diego County, California, Sarah obtained an interlocutory decree in September 1965, and apparently indicated to Lieutenant Maki that she would also obtain the final decree of divorce. While reportedly the records of the Superior Court of San Diego County fail to show that a final decree was ever entered, it appears that until Lieutenant Mtki's death all parties acted as though it had been entered, Lieutenant Itaki - 1.* - -* .*'~* Ii. *I 7.e V.j~i o' . . . .. I , '. I S . ,

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