Hypothetical Situation: Two people date for a couple of years before one person joins the military. The recruiter states to the couple that it’s in their best interest to marry before enlisting, because the military will pay for the move, and the housing. Young, and never having lived together, the marriage lasts 6 months, and they separate. After 6 months of separate, the man files for divorce. At divorce court, the judge sees that the man has been keeping the housing allowance for himself, and denies the divorce until the man pays the backpay amount to the woman. Two more years go by, and the couple are still married, and the man has not paid the amount owed to constitute a divorce. In the meantime, the woman has collected two years worth of housing allowance. Throughout the separation period, the couple has entertained occasionally the idea of getting back together, and have also dated outside of the marriage. Presently, neither of the married people know where there marriage will stand in the future.
Is this considered a sham marriage? If a military marriage suffers stress and separation, is it considered fraud if they stay married in the meantime? Or does the couple need to divorce and re-marry once they’ve made an official decision on their future?
Obviously, the above stated is my situation. My aunt and I had a recent falling out, and now she is threatening to report my "sham marriage" to the U.S. Military. Personally, I don’t see how this is considered sham. Although we are not currently considering ourselves "back together," we do talk to one another on the phone 3-4 times per month, and maintain a friendly relationship through daily text messaging. Right now, we consider ourselves to be friends, but neither of us know whether or not we’ll be together one year from now.
I’m almost positive she’s bluffing, but in the event that she reports us, have we done anything wrong?! Or is this something that happens a lot? In the event that it were to go to an actual hearing, I have plenty of pictures taken at home, restauants, concerts, etc… What would a judge say to this? What would the army say? How do other military families handle marital problems and/or separation?!
Jordan: We don’t have a choice on collecting the allowance. It’s not our decision whether or not they provide it. We just get it.
MJ: You seriously repeated my question, you didn’t answer it.