Dating while legally separated military
INTRODUCTION: As a service to our legal assistance clients, we have prepared this handout with frequently asked questions involving separation agreements. A separation agreement is a contract between a husband and wife when they separate from each other in which they resolve such matters as property division, debts, custody and support. Here is some very general guidance : • If the separation agreement hasn't been incorporated or made a part of a court decree, then it's binding and cannot be charged regarding your “adult promises,” except with the consent of your spouse. Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university.It is, of course, very general in nature since no handout can answer your specific questions. • If it's been made a part of a divorce judgment or other court decree, then it may be possible to get it changed by the judge based on a substantial change of circumstances. The cost of some private colleges and universities would bankrupt the average parent.We do ask, however, that you read over these questions and answers carefully in connection with your visit to our legal assistance attorneys so that you may have the fullest information available to help you with your family law problem. • The court can overturn a separation agreement if it was signed due to fraud, coercion or lack of mental capacity. CAN WE PROVIDE FOR COLLEGE EDUCATION OF OUR CHILDREN IN A SEPARATION AGREEMENT? In most states the judges cannot order you to pay child support for your child in college. Consider putting a ceiling or "cap" on the college expenses, such as by specifying that the maximum shall be "the then-prevailing rate for in-state tuition at XYZ State University " or some other nearby public institution. Your attorney who prepares the separation agreement will explain alimony (also called spousal support or maintenance) to you.Comments, corrections and suggestions regarding this pamphlet should be sent to the address at the end of the last page. In most cases, however, this is a hard case to prove. But you may make provisions for college in a separation agreement and these will be binding and enforceable; the court can require each of you to perform your promises that are set out in the agreement. WHAT POINTS SHOULD WE REMEMBER DECIDING ABOUT COLLEGE EXPENSES? Here are some of that items that a good separation agreement will address: • How long should the obligation last? Such a provision is fair to everyone and does not force either parent to go broke financing a college education. For example, some agreements state that the child must attend an accredited institution, in pursuit of a generally recognized undergraduate degree, on a full-time basis, while maintaining at least a "C" average. If the agreement is drafted properly, alimony can be deductible for the payor and therefore taxable to the recipient. Alimony usually ends at the death of either party or the remarriage of the recipient (usually the wife). WHAT SHOULD WE DO IF WE HAVE AGREED THAT NO ALIMONY WILL BE PAID ? It is always best to set out such a term clearly in the agreement. Here is some very general guidance regarding alimony pursuant to state laws: • You cannot demand alimony from the court unless you file a lawsuit requesting it, and this should be done before you get divorced! In one case, the husband may take on payment for all the debts because his is the sole source of income in the family or because he created the debts in the first place. There is no such thing as a "dating clause" in separation agreements if the purpose of such a clause is to allow adultery.
No law requires a separating couple to execute a separation agreement, but it is a wise idea if there are debts, children, support claims or property involved and the parties want to settle these matters in writing with binding and enforceable promises. You may, however, sue your spouse for breach of contract if he violates the separation agreement. If, however, your spouse promises to pay a bill and then breaks that promise, resulting in your having to pay, you can then sue your spouse for breach of contract for the amount of money you had to pay. If the problem is one of physical violence, a court order would be better than a separation agreement and could be used to punish the wrongdoer if he or she violated the order. CAN WE DECIDE ABOUT CUSTODY AND CHILD SUPPORT IN A SEPARATION AGREEMENT? Yes, and it would be a good idea to settle these issues between yourselves.Some states, such as New Jersey, call this a divorce from bed and board.However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.
The “explanation” portion of Article 134 identifies several considerations military commanders should consider in determining whether an act of sexual intercourse could satisfy the third and final element of adultery under the UCMJ, including whether the Soldier or their sexual partner was “legally separated.” When people refer to being “legally separated,” they generally mean one of two distinct legal situations " either they have signed a formal separation agreement with their spouse or that a state court has issued an order of separation.