What impact does adultery have on a military divorce?

On Behalf of | Dec 8, 2021 | Military Family Law |

Marriages end for numerous reasons. Sometimes a couple grows apart as they change. That is a frequent issue in military marriages where they may go months without seeing each other. A couple can also decide to end their marriage over financial issues or family disputes.

However, adultery remains one of the leading causes for people deciding to file for divorce. When you realize that your spouse has been sexually unfaithful, you may not trust them to share your home anymore, let alone your bank account. Divorce allows you to move on after someone destroys your trust in them.

Military divorces can sometimes have unique concerns. From benefits to custody, issues can be different in a military divorce. Adultery allegations can also have a different impact on a military divorce. How can adultery influence a Florida divorce?

The civilian courts can consider marital infidelity

The Florida state laws about both social support and property division do not prohibit judges from considering infidelity. In many other states, the law includes provisions against factoring in marital misconduct when awarding spousal support or dividing marital assets.

In Florida, judges should try to seek a fair solution in contested divorce proceedings, and they can consider any relevant factors from the marriage. Substantiated claims of infidelity can influence what is fair and appropriate for the major financial decisions in a divorce.

The military still penalizes adultery

Although the military courts don’t preside over divorce, divorce is can sometimes trigger military consequences.

If the service member is the one who committed adultery, especially if it involved another active-duty military service member, that adultery could have disciplinary consequences. Reporting the adultery could result in an investigation or a court-martial. After all, infidelity is not just a violation of someone’s marital vows but also of the Uniform Code of Military Justice.

Many spouses struggling with the infidelity of their spouse in the military will determine that proving infidelity is a waste of their time and effort, but some may want to pursue justice if they have concrete evidence of their spouse’s unfaithfulness.

Understanding how cheating might factor into a military divorce in Florida can help you decide whether pursuing claims of infidelity is the right approach in your divorce.