[Request for Decision Regarding Entitlement to Family Separation Allowance]

A Navy disbursing officer requested a decision as to whether a member was entitled to a family separation allowance subsequent to his divorce. Under the separation agreement which was incorporated into the divorce decree, the member and his wife had joint custody of the children. GAO stated that, in joint custody cases such as this, the provisions of the divorce settlement regarding the residence of the children and the facts involved must be the basis for resolving whether the member was separated from his children because of the divorce or his assignment as a member of a military service. Although the children resided with the member while the divorce was being settled and until he was transferred overseas, the separation between the member and his children resulted from the provisions of the divorce settlement and not from his military assignment. Accordingly, GAO held that the member was not entitled to the family separation allowance subsequent to his overseas transfer.