When your spouse breaks their promise to remain faithful to you for the duration of your marriage, that could very well lead to divorce. If you have recently filed for divorce from your spouse in Texas, you may wonder whether that adultery will have any bearing on the case.

Unlike most states, which have rules that specifically prevent the courts from considering marital misconduct when splitting up a couple’s assets, Texas does allow the consideration of verifiable adultery to influence the division of your assets and debts. That means that if you can prove adultery, there may be financial consequences for your tax and financial benefits for you.

However, the situation can quickly become more complicated if your spouse is an active member of the military.

Military rules are very clear about adultery

Those who serve in the military must comply both with civilian laws and the Uniform Code of Military Justice (UCMJ). The rules in the UCMJ go over everything from how someone should behave while in uniform to their obligations to the society around them. Part of those obligations involves being an upstanding member of society, which does not typically involve adultery.

Military members who commit adultery while in the service could very well face court-martial as a result. The military has adjusted its definition of adultery to now include more than just procreative sex between opposite-sex partners. Additionally, there are now rules that offer some leniency for those who begin dating during a separation but prior to a formal divorce.

If you leverage your spouse’s adultery, that could affect their military career, and therefore, any benefits that you might hope to receive as a result of your support of them during their service. Discussing the potential impact of adultery claims on your divorce with an attorney before you file can help you make the best decision for your situation.