37 U.S.C. § 423 — Validity of allowance payments based on purported marriages
submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 107 words · no verdicts yet
An allowance paid based on a marriage that turns out invalid can still count as valid. This works if a court finds the service member married in good faith. Without a court ruling, the military can make that finding instead.
This section covers a service member's allowance that was paid based on a marriage that later turns out to be invalid — a "purported marriage." It applies to allowances paid under this chapter, the Career Compensation Act of 1949, or the Pay* Readjustment Act of 1942, paid before a court annuls or ends the marriage.
Such a payment stays valid in two situations. First, if a court with proper authority rules that the marriage was entered into in good faith by the spouse who is the uniformed service member*. Second, if there is no such court ruling, the Secretary of the relevant military branch — or someone that Secretary picks to investigate — can make that same good-faith finding instead.
A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay* Readjustment Act of 1942, before judicial annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member* of a uniformed service or if, in the absence of such a judgment or decree, such a finding of good faith is made by the Secretary concerned* or by a person designated by him to investigate the matter.
Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 479.)
- 1962Enacted · Pub. L. 87-649 · 76 Stat. 479
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.
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