Legal Definitions - spouse-breach

Spouse-breach is a legal term that refers to the act of a married person engaging in sexual intercourse with someone other than their legal spouse. It is synonymous with adultery. Historically and in some jurisdictions, spouse-breach could have significant legal consequences, particularly in divorce proceedings, where it might be cited as grounds for divorce or impact decisions regarding property division or alimony. While many modern divorce laws have moved towards "no-fault" systems, the concept of spouse-breach still carries social and, in some specific contexts, legal implications.

Here are some examples illustrating the application of spouse-breach:

• Example 1 (Divorce Proceedings): In a state that permits "fault-based" divorce, Maria files for divorce from her husband, Carlos. She presents evidence that Carlos has been having an ongoing sexual relationship with a co-worker. Maria's legal team cites this evidence of Carlos's spouse-breach as a ground for divorce, arguing that his infidelity caused the irreparable breakdown of their marriage. Depending on the state's laws, this might influence the court's decisions regarding alimony or the division of marital assets.

  Explanation: This scenario illustrates spouse-breach because Carlos, a married individual, engaged in sexual relations outside of his marriage. In this specific legal context, his actions are recognized as a breach of his marital vows and can serve as a legal basis for divorce, potentially affecting the outcome of the case.

• Example 2 (Military Justice): Sergeant Miller, a married member of the armed forces, is discovered to be having a sexual affair with another married service member in his unit. Under the Uniform Code of Military Justice (UCMJ), adultery (spouse-breach) can be considered a criminal offense, especially if it is deemed to undermine good order and discipline within the military or bring discredit upon the service. Sergeant Miller could face disciplinary action, including non-judicial punishment or even court-martial, for this conduct.

  Explanation: This example demonstrates spouse-breach within a distinct legal framework where the act of adultery is not merely a personal matter but a punishable offense under military law, highlighting its serious implications in specific professional environments.

• Example 3 (Prenuptial Agreement): Prior to their marriage, Lisa and Michael signed a prenuptial agreement. One clause stipulated that if either party committed adultery, the unfaithful spouse would forfeit their claim to a specific vacation property owned by the other. Years into their marriage, Michael discovers Lisa has been unfaithful. If Michael seeks to enforce the prenuptial agreement, Lisa's actions would constitute a spouse-breach, potentially triggering the forfeiture of her claim to the property as outlined in their pre-marital contract.

  Explanation: In this instance, spouse-breach is defined and given specific consequences within a private contractual agreement. Lisa's infidelity directly breaches the terms of the prenuptial agreement, demonstrating how the concept can be legally binding and have financial repercussions even outside of direct statutory divorce grounds.