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B-242852 1 (1991-06-14)

handle is hein.gao/gaobadnwy0001 and id is 1 raw text is: . ..1441 9 Necision Sktter of: Ms. Grace M. Sligar Wile: 8-242852 Date: June 14, 199i r -W_ Claimant who presented a final judgment by a court of competent jurisdiction and other evidence of a valid common law marriage existing between herself and a rtlred ar.ued services member for over I year before the member's death is eligible to receive military survivor's benefits. DUCE 20M This responds to a request for reconsideration of an action by our Claims Group denying the claim of Grace M. Sligar for payment of a Survivor Benefit Plan (SBP) arnuity under 10 U.S.C. 5 1447 et seq. (1988), as the widow of Dolan J. Slgar, USN (deceased). After consideration of the additional evidence submitted, we hereby authorize payment. Mr. Sligar retired from the U.S. Navy on April 1, 1976, and elected SSP coverage for his spoure and children. At that time he was married to Mary Sligar. Although a ceremonial marriage between Dolan and Grace was performe2 in Nevada on September 21, 1980, Dolan did not obtain a divorce from Mary until October 30, 1985. The ceremonial marriage accordingly was void. Dolan and Grace moved from Texas where they lived at the time of the divorce to Kansas in July 1987. Dolan died in Kansas on February 7, 1988. In response to Grace's claim for SB? benefits, our Claims Group advised the Navy Finance Center that in the absence of a judgment by a court of competent jurisdiction that a valid marriage exists between Dolan and Grace, or the submission of other evidence, payment to Grace would not be allowed. In her reconsideration argument, Grace claims that she and Dolan became married at common law subsequent to the divorce and she has provided an order admitting Dolan's will to probate dated June 20, 1989 in a Kansas District Court which finds as fact that Grace is the surviving spouse of the decadent. The order is accompanied by a letter from the presiding judge which reads in part:

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