[Claim for Spouse's Travel Expenses]

The Department of Agriculture requested an advance decision regarding a Forest Service employee's claim for reimbursement of her spouse's travel expenses. The employee was not legally married to her spouse and, when she received travel expenses as a result of her transfer, the Forest Service denied payment of temporary subsistence expenses to her spouse. GAO noted that, although regulations provide an employee's spouse with temporary subsistence expenses, the State of the employee's residence must recognize the marriage as lawful to establish the spouse's eligibility. GAO noted that, since the employee's common-law marriage was not legally upheld by the State, the spouse was not entitled to travel expenses. Accordingly, temporary quarters expenses may not be reimbursed.