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B-195250 1 (1980-01-23)

handle is hein.gao/gaobadhxv0001 and id is 1 raw text is: /17 44' L..~ - THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH IN GTO N, 0. . 20548 FILE: B-195250 O TE: January 23, 1980 MATTE OFO23 \MATTER OF: Maj; Donald E. Shaff, USAF (Retg-ee) (Deceased) DIGEST: A retired service member, a U.S. citizen .residing in a foreign country, traveled to another foreign country and secured an ex parte divorce from his wife who was residing in the U.S. He then returned to the first foreign country, married a citizen of that country, continued resid- ing there and elected to participate in the Survivor Benefit Plan (SBP). After his death the first spouse challenged the SBP payments being made to the second spouse, claiming that the divorce and subsequent remarriage were invalid. The validity of a marriage is determined by the law of the jurisdiction where contracted, including whether there are impediments to the marriage. Because of the uncertainty of the marital status of either claimant until that status issue is resolved by the courts further payments may not be made to either claimant. This action is in response to 6gre uest for advance decision from the Air Force Accounting and Finance Center concerning the Lproper payee of a survivor annuity under theSurrvivor Benefit Plan (SBP), 10 U.S.C. 1447- 455, in the -ase of tlh lat l-e- jo 1 onld E. Shaff, USAF, Retired. This matter has been assigned Control Number DO-AF-1323, by the Department of Defense Military Pay and Allowance Committee. o The facts show that Major Shaff, a United States citizen, retired from the United States Air Force in 1964. At that time he was married to Lois. In 1967 he went to live in Columbia while Lois apparently remained in the United States. On March 2, 1973, he received an ex parte divorce from Lois in San Cristobal, Dominican Pepublic, and returned to Columbia. On April 5, 1973, he married a Columbian citizen, Luz, in Bogota, Columbia, and continued residing there. S03 C7 V --r .

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