Adultery during seperation

[stupidgirl]

What is the name of your state? Virginia
Long story short. The ship is aware the wife has left and told husband that she is divorcing him. He has new gf already who is on ship with him. He is a first class petty officer in the training dept (LPO), but is classified as a damage controlman. She is a master at arms but of lower rank. He now lives with the gf. Two questions...can the wife get him for adultery by navy? and can he lose his job because of the new gf?

[fozzy2]

Under the UCMJ, seperation does not matter with regards to adultery. Only when the final divorce decree comes into effect is someone free to sleep around. So, yes, it is adultery if he is sleeping with a non-spouse prior to the divorce becoming final.

For the military to prosecute adultery, however, it must show a negative effect on the military, i.e. on "morale, good order, and discipline". The command will have a good deal of discretion on whether or not the adultery has met this second requirement,and thus whether there is ever any prosecution. So if the relationship is not causing any problems on the ship, and no one else is pressing for action, the command might just let it slide.