Can you go to jail for cheating on someone in the military?
Asked by: Trinity Wilkinson | Last update: January 16, 2026Score: 4.2/5 (40 votes)
While this military-specific offense might seem harmless enough to civilians, the military takes adultery very seriously. Service members convicted of adultery can receive a federal criminal conviction, confinement, and a punitive discharge from the military.
What happens if you cheat on someone in the military?
The accused service member would be tried by a general court-martial. If convicted of adultery (Extramarital Sexual Conduct), a service member faces the maximum penalty of (a) dishonorable discharge from the military, (b) forfeiture of all pay and allowances, and/or (c) up to one year in the federal penitentiary.
Can a military spouse get in trouble for cheating?
If you are a U.S. military member, it can also lead to charges under the Uniform Code of Military Justice (UCMJ) Article 134. Adultery charges not only apply to a married service member but also to those who are single and have an affair with a married individual.
What is the punishment for adultery in the military?
Maximum Possible Punishments for Violations of Article 134: Adultery. Article 134 (Adultery) states that the maximum punishment is a Dishonorable Discharge, forfeiture of all pay and allowances, and confinement for one year.
Is kissing considered adultery in the military?
While civilian definitions might consider a kiss as a form of infidelity, the military requires a higher threshold. Proof of sexual intercourse is a critical component, ensuring that charges of adultery are not taken lightly.
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Is it illegal to marry your friend in the military?
There are no laws governing military marriage. Military members can marry whomever they want, including same-sex partners.
Can I kiss my wife in military uniform?
"You have to be conservative in your actions. You can't hold hands or kiss or show any affection in uniform."
Can you date while legally separated in the military?
If you are in the military and you date someone other than your spouse while your divorce is pending or even after you are "legally separated," you are risking criminal charges.
Is it adultery if you are not married but the other person is?
Although this may seem a fairly obvious question, there is a technical legal definition for adultery, which is voluntary sexual intercourse between a man and a woman who are not married to each other, but one or both of whom is or are married. Therefore, adultery would not include; Text messaging.
Is sexting adultery in the military?
Although sexting doesn't automatically equate with the UCMJ's definition of adultery, it can still fall under other punitive articles. Specifically, Article 134—the General Article—addresses behaviors that bring discredit upon the armed forces or are detrimental to good order and discipline.
How hard is it to prove adultery in the military?
Proving adultery in the military is not easy. You're dealing with the Uniform Code of Military Justice (UCMJ), which sets the bar high for what constitutes legal proof. Unlike civilian court, the military demands clear evidence, often leaving you in a tangled web of “he said, she said.”
Can you go to jail for cheating on your spouse?
In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.
What are military wives entitled to in a divorce?
The Uniformed Services Former Spouse Protection Act: Allows state courts to divide disposable military retired pay between the service member and spouse. Allows former spouses to receive a portion of retired pay directly from the government in some circumstances.
Is it illegal for a military wife to cheat?
Legal Implications:
Adultery is considered a violation of the Uniform Code of Military Justice (UCMJ) and can be subject to disciplinary action. The consequences may range from administrative penalties, such as a formal reprimand, to more severe actions, including demotion or discharge from the military.
Is cheating a dishonorable discharge?
What is the Maximum Penalty for Adultery in the Military? A person convicted under Article 134 for extramarital sexual misconduct faces a maximum punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
What does the Bible say about cheating?
Adultery is considered a great sin (Genesis 20:9, Genesis 39:9). Maintaining a primary bond with one's spouse is essential. Failing to hold one's spouse as the most important human relationship is the beginning of problems.
What is the difference between adultery and cheating?
Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.
Is kissing considered adultery?
2. Adultery covers all types of sexual behaviour. Legally, adultery only covers sexual intercourse, which means behaviours such as kissing, webcam, virtual, and “emotional adultery” do not count for the purposes of getting divorced. This makes adultery very hard to prove if your spouse will not admit to it.
Who pays for a divorce with adultery in Texas?
Typically, each party is responsible for paying their own legal fees in Texas. However, in cases involving misconduct such as adultery, the court has the discretion to order the adulterous party to pay a significant portion of the other spouse's attorney fees as part of the divorce decree.
What is the 10 year rule in military divorce?
If the former spouse was married to the service member for at least 10 years of the member's creditable military service, the 10/10 rule applies. It allows the former spouse to be paid directly from DFAS.
What are the rules on dating in the military?
Dating is neither fraternization nor misconduct when it occurs between consenting members that are equal or nearly equal in rank and when neither has positional authority over the other. Dating between peers under these circumstances while on liberty or leave is not prohibited.
Can unmarried military couples live together?
For starters, an unmarried couple cannot live on a base outside of certain extenuating circumstances that would have the non-service member defined as a caregiver for the service member's children. As a result, unmarried military couples typically live off-base.
Can I have a girlfriend while in the military?
Yes, you can date anyone in your unit as long as the relationship doesn't affect your chain of command.
Do you have to wear a bra in military uniform?
Females will wear adequate undergarments, (e.g., slip, bra, camisole, girdle, etc.) to ensure proper fit, appearance, and opaqueness of the uniform. Undergarments will be worn so that they are not conspicuously visible.
Can you hug a man in uniform?
No PDA. PDA, or public displays of affection, is considered unprofessional, and a big no-no while in uniform. However, each unit, branch, and area treat this rule with different severity. This can include hugging, kissing, holding hands, and even holding children.