Title 37, Pay and Allowances of the Uniformed ServicesRelease 119-102
§423 Validity of Allowance Payments Based on Purported Marriages
Title 37 › CHAPTER 7 — ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES › § 423
Summary
Allowances based on a marriage that were paid before a court ended or annulled the marriage stay valid if a court finds the service member entered the marriage in good faith, or if no court decision exists, the Secretary or a person he appoints finds good faith.
Full Legal Text
Title 37, §423
Pay and Allowances of the Uniformed Services, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 42337:303.Oct. 12, 1949, ch. 681, § 503, 63 Stat. 827. The words “or which hereafter may be” are omitted as surplusage. The words “a person designated by him to investigate the matter” are substituted for the words “such person as he may designate for the purpose”.
Editorial Notes
References in Text
The Career Compensation Act of 1949, referred to in text, is act Oct. 12, 1949, ch. 681, 63 Stat. 802, which was classified principally to chapter 4 (§ 231 et seq.) of former Title 37, Pay and Allowances, prior to the revision and reenactment of Title 37 by Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451. For distribution of sections of chapter 4 of former Title 37, see Table preceding section 101 of this title. The Pay Readjustment Act of 1942, referred to in text, is act June 16, 1942, ch. 413, 56 Stat. 359, which was classified principally to chapter 2 (§ 101 et seq.) of former Title 37, Pay and Allowances, prior to the revision and reenactment of title 37 by Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451. For distribution of sections of chapter 2 of former title 37, see Table preceding section 101 of this title.
Reference
Citations & Metadata
Citation
37 U.S.C. § 423
Title 37, Pay and Allowances of the Uniformed Services
Last Updated
Aug 21, 2026
Release point: 119-102