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Cohabitation laws are not uniform throughout the U.S. It varies from state to state. You have to understand the laws properly if you plan to cohabitate. Many people are oblivious of the legalities associated with this while choosing to do so without marrying. Sometimes the risks associated with it might outweigh the benefits. This article provides answers to some of the most commonly asked questions about issues related to this. Can a married but separated soldier get into trouble for cohabitating with a soldier from a different platoon? If you are married but having sex with another person with whom you are cohabitating, you could be punished by the military. If the UCMJ wants to prosecute you on this charge, they will have to prove the following: 1. That you are having or have had a sexual relationship with the roommate
2. You were married at the time of the sexual relationship with the roommate
3. That you knew your conduct was wrong but continued the wrongful act and that it brought discredit to the armed forces.
The last factor is difficult to prove since they will have to prove that your actions affected the unit or brought some sort of disrepute to the military. However, if it did not involve any sexual act with your roommate, there is nothing illegal. If you indulged in sexual activities, you would probably be charged. It is advisable to speak to a military lawyer to explore the best options if your command invokes Art 15. Can the widow of a retired veteran lose TRICARE if she cohabitates with someone instead of remarrying? If you are not living in a state where common law marriage is recognized, there would be no problem. The law clearly stipulates that any un-remarried widow is entitled to TRICARE. If you remarry you will no longer be eligible for TRICARE. In Texas, do the Marine Corps accept a common law marriage or they ask for a certificate? The Marine Corps will ask for a certificate indicating your marital status. In Texas, common law marriage goes by the name of informal marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be made either by declaration or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. To get a certificate or form of marital status you have to go to the court and register your marriage. Once it is recorded, the court clerk will make a copy of the declaration for the Marine Corps. How should a letter of remorse for an article 15 be worded? One should be sincere while writing the letter. While the purpose of this is to reduce punishment, it may not have the desired effect. Even then, one should try. Three issues ought to be highlighted in the letter. Firstly, you should be honest about the apology and explain the reasons of apologizing. Secondly, you should mention what lesson you have learned from the experience. Thirdly, you have to spell out a plan of action for the future. Can military benefits be received while cohabitating? A woman is married for 9 years while she has been living with her husband for 13 years. The military provides benefit only for the period of marriage, not for the cohabitation period. Usually, the amount is 50% if you are married for at least 10 years. However, this will be decided by the courts in case of a divorce settlement. Cohabitation is preferred by many couples who prefer a rather simple living arrangement. Some of the states acknowledge common law marriage. So, if you plan to cohabitate you should know the laws of the state. If you are unsure about the laws it is better to ask a military lawyer about the best course of action.
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