[tsascorpio]

Military compensates with money for having a spouse and children. If the marriage was a shame and just to receive the extra money would the military go after the military person?

[tickle]

I doubt it. The marriage was created in the private civilian sector and would have no bearing on a marriage that did not work out.

[ScottGem]

I disagree. If it can be shown that the marriage was a fraud to get extra money from the government they can certainly prosecute. Whether they will or not depends on how much they were defrauded of and whether restitution is made.

[tsascorpio]

Thank you both! Yes Scott your answer helped :)

[ebaines]

I'm curious as to what you mean by "fraudulent marriage." A legal marriage is one that has a marriage certificate - I'm not aware of any other requirements. Are you suggesting that fraud was involved in obtaining the marriage license (for example bigamy was involved, or perhaps the person was under-age)? Or are you suggesting that there is no marriage license and the person lied about his marital status to the military? If the latter - I would have to wonder whether the couple filed joint income tax returns, and if so that means both parties are guilty of tax fraud.

[tsascorpio]

No there was absolutely no fraud involved obtaining the marriage certificate. Only emails and hear say as to why they got married. Sorry new at this!

[ebaines]

The government will prosecute marriage fraud when it relates to immigration issues - i.e obtaining a green card for a person under a sham marriage. But I am not aware of similar prosecutions for US citizens - even if the couple never lived together. There have been some famous marriages of convenience - such as Rock Hudson's marriage to Phyllis Gates to avoid exposure as a homosexual. Again, having a marriage license is all that's required to be legal.

[tsascorpio]

Thank you ebaines, great points. Do you happen to know of a good lawyer in Washington State or is that another question I have to ask this site?

[ebaines]

Lawyer for what? If you are interested in seeing whether the military will prosecute someone for marriage fraud you can call the JAG office at the military base and ask about it.

[tsascorpio]

Gosh I'm sorry again, I need to be more clear with my questions! TY

[AK lawyer]

No there was absolutely no fraud involved obtaining the marriage certificate. Only emails and hear say as to why they got married. Sorry new at this!

The reason why they married is immaterial. The question is whether they were married. If so, there is no fraud involved. Even if it can be proven that the only reason was to qualify for military marital benefits, I don't think there would be a problem.

[ScottGem]

I still have to disagree. If it can be proven that the only reason a marriage ceremony (a license is not enough) was performed was to get government benefits and further that the couple never lived as husband and wife, then a fraud has occurred.

Whether the govt will elect to prosecute depends on how good a case they can mount.

[joypulv]

Everyone, please read all of OP's other posts. They lived together. They are both arguing here on this site about money. Her ex or soon to be ex posted first. I think this hope that the marriage could be a sham in the eyes of the military has no chance.

[ScottGem]

I'm not sure the OP is referring to themselves. But that doesn't mean we shouldn't give a proper answer.

[tsascorpio]

I'm not sure the OP is referring to themselves. But that doesn't mean we shouldn't give a proper answer.

Thank you ScottGem I agree!

[dontknownuthin]

I know of a man who married a woman for the sole purpose of increasing duty pay. They shared the additional pay 50/50. When he broke up with his real romantic partner... With whom he had a child during the "marriage", she reported the scam. He was court marshaled, fined and dishonorably discharged. The wife was also charged with fraud.

[joypulv]

OP is looking for a lawyer around her area. I'm just concerned that she is going to shell out money for a case that has very little chance. She isn't telling us much of anything, possibly because her husband is here watching.
It wouldn't hurt to run it by a lawyer in an initial free consultation. But don't get taken by an unethical lawyer who just wants the fee.

[Fr_Chuck]

Are they legally married, got a marriage license, filed it. Then they are married, people get married for many reasons, the fact they do not live together does not matter, if they are legally married.

I see nothing that requires them to marry for love. To marry to receive more money is just a reason to get married. Not really a fraud. People marry for tax deductions toward end of the year. Marry so one does not have to testify against the other in court.

[tsascorpio]

I have a lawyer! Is there a problem with asking questions to see what answers are given?

[joypulv]

Not at all. But it's all just hypothetical unless you tell us the story