Cohabitation and Military Law
Living with another person does not, by itself, establish a UCMJ offense. The legal question depends on the actual conduct, the charge and the rules that apply to the service member.
Why Older Sources Refer to Article 134 Cohabitation
The 2016 Manual for Courts-Martial listed wrongful cohabitation as a separate Article 134 offense. It concerned openly and publicly living together as spouses while not married to each other, with the required prejudice to good order and discipline or service-discrediting character. That listed offense carried a maximum of four months of confinement and forfeiture of two-thirds pay per month for four months. Those are historical rules, not a current maximum that automatically applies whenever two people live together.
The Current Charge Must Be Examined
The 2024 Manual does not separately list wrongful cohabitation. Depending on the facts, allegations involving a relationship may raise questions about extramarital sexual conduct, fraternization, a false official statement, violation of a lawful order or another legally supportable theory. Each has its own elements. The absence of a separately listed cohabitation offense does not establish that all related conduct is lawful.
There is no current cohabitation sentencing category or universal four-month ceiling to assign from that old page. The maximum punishment and any sentencing parameter must come from the offense actually charged and the law applicable to the alleged conduct.
If your command is investigating a relationship or your living arrangements, Bilecki Law Group can examine the allegation, identify the legal theory and build the defense around the facts. We are based in Tampa, Florida, and represent service members worldwide.
Contact Bilecki Law Group for a confidential consultation.