For military personnel, a highly contested asset in divorce is retirement pay. Adultery is a crime in the United States military and may lead to serious impacts on retirement pay in a divorce. Here’s everything you need to know about how adultery affects military retirement in divorce.
If a Military Spouse Commits Adultery
If a military spouse dates someone other than their spouse prior to the divorce’s finalization, they risk being charged with the crime of adultery. This is most clearly illustrated in Article 134 of the Uniform Code of Military Justice (UCMJ).
Within Article 134, the act of adultery is a crime if the following legal criteria are met:
- The military spouse had sexual intercourse with someone other than their current partner,
- Either the service member or sexual partner was married to someone else at the time of intercourse, and
- Under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Furthermore, there is a number of factors that military commanders determine whether the adulterous act discredits the armed forces, including but not limited to:
- The accused’s marital status, military rank, or position,
- The military status of the accused’s spouse,
- Whether the accused or co-actor was legally separated,
- The impact of the adulterous act on either actor’s ability to perform their duties in the armed forces, and
- If there was a misuse of government time and resources to facilitate the misconduct in question
If a military spouse is found guilty of adultery, they may be court-martialed, reduced in rank, or separated from the service. Furthermore, this may affect spousal support, child support (if applicable), and the non-military spouse’s right to military retirement.
How is Military Retirement Pay Usually Determined?
Military retirement compensation is usually determined through factors such as how many years of service an individual completed, disability, and calculated methods to determine retired pay base. One helpful calculator is the Regular Military Compensation (RMC) Calculator, which computes regular military compensation based on an individual’s inputs (such as years of service and tax filing status).
If a Non-Military Spouse Commits Adultery
Military retirement is still subject to equal distribution if a non-military spouse commits adultery. Generally speaking, if a couple divorces, military benefits end for the non-serving spouse. However, the 20-20-20 rule may apply. This rule acts as a special provision to protect the long-term military spouse. This applies to former spouses who were married at least 20 years, a spouse actively served for 20 years, and the military service and marriage overlapped for 20 years. Frequently, the former spouses who qualify for military benefits under this rule are the spouses of retirees. In instances of committing the crime of adultery, these military benefits may be affected for either spouse.
For further information, it may be best to consult one of our qualified Divorce attorneys.
FAQs about How Adultery Affects Military Retirement in Divorce
I qualify for continued military ID privileges after my divorce. What happens if I want to get remarried?
A remarriage will terminate the military ID privileges. Essentially, remarriage means that a spouse loses the military ID card and associated privileges.
Can VA disability pay be divided in a divorce?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) states that VA disability compensation payments are not subject to property division upon divorce.
If adultery is committed while being separated, does this have the same ramifications as being divorced?
Being separated, or even entering into a separation agreement, does not essentially mean the couple is no longer married. Even if a divorce is pending after a couple is “legally separated”, the risk of criminal charges remains in effect. The only way to legally solidify an end to a marriage is through a divorce, so if a spouse is caught dating or having relations with someone other than their spouse, the ramifications of adultery are still applicable.
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If you or a loved one would like to know more about how adultery affects military retirement in divorce, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. If adultery was involved in your marriage, we can get you in touch with one of our California Divorce Attorneys.