Divorce is never easy, but when one spouse serves in the military, navigating the end of a marriage takes on additional nuances. And if adultery is involved, the situation can become even more challenging.
While infidelity results in personal heartbreak in any divorce, it carries additional financial and professional implications in a military divorce. Whether you are the service member or the civilian spouse, it’s crucial to understand how adultery can affect the outcome of a military divorce – what it means in the eyes of the military justice system, how it can affect the service member’s career, and how it may shape the outcome of your divorce settlement.
Why Adultery Matters Differently in a Military Divorce
In general, military service members are held to a higher standard of conduct than civilians. Unlike civilian divorce, where fault may or may not affect the outcome, adultery in a military divorce can trigger both personal and professional consequences.
Furthermore, adultery charges don’t just apply to married service members. They also apply to single service members who engage in an affair with a married individual.
Service members are subject to the Uniform Code of Military Justice (UCMJ), which means that misconduct may result in disciplinary action in addition to divorce proceedings. This means that both spouses must navigate two sets of laws – military and civilian. Understanding how each system interprets infidelity is key to avoiding costly missteps and safeguarding long-term financial and career security.
Adultery Under the UCMJ: What You Should Know
Under Article 134 of the UCMJ, adultery – now referred to as “extramarital sexual conduct” – is a punishable offense. A service member may face disciplinary action even after a separation if their conduct is deemed to bring discredit upon the armed forces. Commanders assess factors such as rank, circumstances, and whether the behavior disrupted unit discipline or morale.
For military service members, adultery isn’t just a personal matter. It is a professional risk. Understanding how your command interprets such conduct and seeking legal guidance before disciplinary action is taken can help protect your service record and reputation.
What Specifically Does UCMJ Article 134 Say About Adultery?
Adultery is treated seriously under military law, not just as a moral concern, but as a violation of discipline and integrity expected of those in uniform. The Uniform Code of Military Justice outlines the criminal offenses and legal procedures that govern all branches of the armed forces. It serves as the framework that ensures accountability and order across every level of military service.
The UCMJ applies to:
- All active-duty service members
- Activated National Guard and Reserve personnel
- Military academy cadets and midshipmen
- Certain civilians supporting the military during wartime
Under Article 134, extramarital sexual conduct becomes a criminal offense when three elements are met:
- The service member engaged in sexual intercourse with someone other than their lawful spouse.
- Either the service member or the partner was married to someone else at the time.
- The conduct compromised good order and discipline within the military or brought discredit upon the armed forces.
It’s the third element – how the affair has affected the reputation and discipline of the armed forces – that often determines whether charges move forward. Commanders evaluate numerous contextual factors, such as:
- The rank and leadership position of the service member
- Whether the partner was also in the military
- If the member outranked or supervised the partner
- Misuse of government resources or duty time in carrying out the affair
- Any other UCMJ violations tied to the conduct
- The member’s prior disciplinary record
- Whether the act was isolated or repeated
- Presence of witnesses or corroborating evidence
- Contributing factors such as alcohol or coercion
Ultimately, a finding of adultery under Article 134 is not automatic. It depends on how the conduct reflects upon the military’s image and internal order. A single lapse in judgment may lead to a reprimand, while a pattern of misconduct or misuse of authority could result in far more serious administrative or criminal penalties.
In short, context matters in these cases. Even consensual relationships can become career-ending if they erode confidence in leadership or disrupt the unity essential to military operations.
If I’m Legally Separated and Start Dating, Can I Still Be Charged with Adultery?
For many service members, legal separation feels like a time to move on emotionally and personally. However, under military law, even if you are legally separated, dating or entering a new relationship can still expose you to adultery charges. The UCMJ has strict standards, and separation does not automatically shield you from its reach.
That said, recent updates to the Manual for Courts-Martial recognize that a legal separation is a mitigating factor. While you may still satisfy the first two elements of adultery under Article 134, the third element, which examines whether the conduct harms good order and discipline or brings discredit upon the armed forces, may be viewed differently. In many cases, commanders consider legal separation a valid affirmative defense when deciding whether prosecution is appropriate.
Ultimately, the decision depends on your commanding officer’s discretion and the unique facts of your situation, including timing, perception within your unit, and the visibility of your relationship. Even with a legal separation, there’s no absolute guarantee that charges won’t be pursued. If you’re considering dating before your divorce is finalized, it’s best to speak with a military family law attorney who understands both the UCMJ and your state’s divorce laws.
What Are the Consequences of Being Found Guilty of Adultery in the Military?
Adultery in the military is far more than a personal or moral issue. It’s a violation of military law that can threaten your career, benefits, and reputation. Under Article 134 of the UCMJ, being found guilty of adultery can trigger both criminal penalties and administrative consequences.
Maximum Punishment
In the most serious cases, a service member convicted of adultery could face the maximum penalty allowed under military laws, which includes:
- Dishonorable discharge – permanently ending your military career and affecting future civilian employment
- Forfeiture of all pay and allowances – loss of income and benefits during confinement or discharge
- Confinement for up to one year – a sentence that carries both personal and professional consequences
While the maximum punishment is relatively rare, it demonstrates how seriously the military views violations of integrity and discipline within its ranks.
Common or Potential Punishments
Most adultery cases result in less severe but still damaging administrative or disciplinary actions. Depending on the facts and command discretion, you could face:
- Administrative disciplinary action, such as an oral or written reprimand
- Administrative separation, sometimes called a “military firing,” which removes you from service through an involuntary process
- Reduction in rank, leading to loss of pay, prestige, and advancement opportunities
- Punitive discharge, which can make you ineligible for certain veterans’ benefits
- Loss of retirement eligibility, a severe consequence for long-term service members
The Broader Impact of an Adultery Conviction
Adultery’s effects reach far beyond military discipline. It can significantly impact the outcome of your divorce, your financial future, and your family relationships. If you’re navigating a military divorce involving allegations of infidelity, it can have other serious consequences in the divorce process, especially regarding property division, spousal support, and child custody.
Dividing Assets
In many states, including Virginia, judges can consider adultery as a factor when dividing marital property. The court may award a larger share of assets to the innocent spouse if adultery is proven, even if the adultery is not proven to be the reason for the divorce. This means the spouse who remained faithful could receive a greater portion of property, savings, and retirement benefits, especially if marital funds were used to support the affair.
Spousal Support
Adultery can also have a serious impact on spousal support (alimony) eligibility. In many jurisdictions, a spouse who commits adultery may be barred from receiving spousal support, except in very limited circumstances.
Although proving adultery can be challenging, once established, it can dramatically reduce or eliminate the offending spouse’s right to financial support, regardless of income disparity. In short, infidelity doesn’t just damage trust. It can also dismantle long-term financial security.
Child Custody
When it comes to child custody, adultery by itself may not determine parental rights, but it can still influence the outcome. Custody decisions are based on the best interests of the child. If an affair disrupted the child’s home environment, exposed the child to inappropriate situations, or otherwise reflected poor judgment by a parent, a judge may consider it when making custody and visitation decisions.
Frequently Asked Questions
Can a civilian spouse be charged with adultery under military law?
No, only service members fall under the UCMJ, but a civilian spouse’s actions can still affect divorce outcomes.
Does adultery impact retirement benefits?
It may. If the affair caused a service member’s demotion or discharge, it could reduce retirement pay as well as the portion available to the spouse.
Can adultery affect military housing or base privileges?
Yes. When adultery leads to disciplinary action, it can directly impact military housing eligibility and base privileges. A service member found guilty of adultery may lose access to on-base housing, be reassigned to different quarters, or even face early removal from government housing if the misconduct creates disruption or reputational harm within the unit.
Legal and Practical Guidance When Adultery is Involved in a Military Divorce
Allegations of adultery can add complexity to any divorce, but in a military marriage, the implications can be even more life-changing. When adultery factors into a military divorce, it not only involves emotional strain but also the risk to a military career. It’s crucial to move strategically. With the right legal guidance, it can help minimize conflict and protect both your rights and your future.
At Melone Hatley, P.C., our team of military divorce attorneys has extensive experience handling military family law cases. We understand how adultery and the Uniform Code of Military Justice (UCMJ) can affect every part of your divorce. Our attorneys are here to guide you through each step with strategic advice and a clear plan forward. Call us at 800-479-8124 or schedule a free consultation through our website with one of our Client Services Coordinators.
