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Separate Maintenance Allowance for Wife Where There Is Breach in Domestic Relations

B-178490 Jul 02, 1975
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Highlights

An employee requested reconsideration of a decision partially denying his claim for Separate Maintenance Allowance (SMA) while he was stationed in Vietnam because of a "breach in domestic relations."Regulations have been changed to clarify the definition of such a breach as requiring legal action or formal separation. Since this was a clarification rather than a revision, the regulation may be applied retroactively, and the employee may be paid SMA for his wife for the entire tour.

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