With limited exceptions for spouses with prenuptial agreements or clear proof of financial misconduct, adultery usually has very little influence on modern divorces. The courts usually do not give much weight to marital misconduct when making key determinations in litigated divorces.
Oftentimes, it may not even be worth the effort of asserting that there was infidelity during divorce proceedings unless there is evidence, including financial records. Even then, judges may simply exclude certain debts from the marital estate or decrease one spouse’s share of marital property because they wasted marital resources on their affair.
However, adultery accusations could actually be a very significant issue if the unfaithful spouse is an active-duty military servicemember.
Adultery violates military rules
The uniform Uniform Code of Military Justice imposes strict standards for personal conduct on servicemembers that do not apply to civilians. The prohibition on adultery included in Article 134 of the UCMJ is an example of those unique rules. The average person accused of unfaithfulness faces a little more than social stigma and potential financial repercussions.
Someone in the military could face disciplinary measures, and there could be major career consequences. Especially when an extramarital affair occurred during someone’s service and may have affected how they perform their job, they could be at risk of numerous career penalties.
Those preparing for a military divorce related to adultery may need to learn more about the rules that govern such cases and proactively seek to keep the details of their divorce out of court. Learning about the unique factors that separate military divorces from civilian ones may help people better prepare for their day in court.