ARTICLE 134 – BIGAMY: WHEN MARRIAGE VIOLATES MILITARY LAW
Understanding Bigamy Under Article 134
Most service members think of bigamy as a private matter—something that gets sorted in divorce court, not a courtroom in uniform. But the military has no room for quiet legal entanglements that carry public fallout. Under Article 134, if your second marriage creates disruption, confusion over benefits, or undermines the integrity of the system, you're no longer just handling a relationship issue—you’re facing court-martial. Bigamy, in military terms, is not just about violating a vow. It’s about violating trust, record integrity, and the chain of command. Even in places where multiple marriages are culturally or legally accepted, the UCMJ holds all personnel to a single standard: one lawful spouse, unless legally and fully divorced or widowed before remarrying.
Elements of the Offense and Prosecution Requirements
To secure a conviction under Article 134, military prosecutors must prove two core elements. First, the accused entered into a second marriage while still legally married. Second, the act either undermined military discipline or cast discredit upon the service. It’s not enough for the prosecution to show technical bigamy—they must show that the act had, or was likely to have, a negative impact on the military. The Manual for Courts-Martial clarifies that intent matters. If a service member honestly, and reasonably, believed they were no longer married—perhaps due to pending divorce paperwork or a cultural misunderstanding—that belief can form the foundation of a defense. However, that belief must be well-founded. A claim like “I thought it was finalized” carries little weight if no legal steps had been taken to dissolve the first marriage.
Maximum Penalty and Administrative Fallout
A conviction under Article 134 for bigamy can result in a dishonorable discharge, forfeiture of all pay and allowances, and up to two years of confinement. Yet in many cases, the career damage begins long before trial. Once a command becomes aware of a suspected bigamy situation, they may initiate administrative actions while the legal case is pending. This can include suspension from leadership positions, temporary relief from duties, removal from special assignments, or even reassignment out of sensitive billets. If the accused holds a security clearance, it may be suspended or flagged for review, especially if false documentation or fraud is suspected. Involuntary separation proceedings often run parallel to the criminal process, leaving the accused to defend themselves on multiple fronts.
What makes these consequences particularly harsh is their permanence. An administrative separation for misconduct can disqualify a service member from veteran benefits, education programs, and future civilian federal jobs. Even without a conviction, mere substantiation of bigamy allegations in an administrative board can leave a black mark on one’s record. Financially, if the second spouse was incorrectly enrolled in DEERS or received housing benefits, the accused may face recoupment orders and back-pay calculations from DFAS. In some situations, both marriages may be legally scrutinized—jeopardizing not only the accused’s legal standing, but also the benefit eligibility of children or dependents. That’s why legal representation must start the moment allegations surface—not when charges are formally preferred.
Case Context and Legal Controversies
In real-world cases, bigamy rarely travels alone. The accusation often opens the door to deeper command scrutiny—suddenly there are questions about false statements, improper use of benefits, or even obstruction when details get covered up. What starts as a relationship mistake can unravel into a chain of legal charges that land hard. In one case, a soldier conducted a proxy marriage with a foreign national while his divorce was still pending in the U.S. Once the first spouse attempted to use military healthcare benefits, her access was denied, triggering an investigation. That inquiry later uncovered mismatched DEERS entries, dual housing claims, and falsified spousal forms. Ultimately, the service member faced multiple charges—bigamy, false official statement, and wrongful appropriation. These examples show how a bigamy charge often serves as the tip of the iceberg.
Defending Against a Bigamy Charge in the Military
The defense usually hinges on one thing: what the accused believed and whether that belief was reasonable. Did they think the divorce was finalized? Had they been misled? Sometimes the paperwork was filed but never processed. Sometimes the service member acted too soon. The legal team must dig through timelines, communication records, and witness testimony to show that this wasn’t willful deception—it was a mistake born from incomplete information or a flawed process. Proxy marriages, cultural traditions, and long-distance deployments can complicate how intent is interpreted. A well-prepared defense will also examine whether benefits were actually claimed under the second marriage, whether fraud is provable, and whether the chain of command overstepped in initiating action. For many, this isn’t about dishonesty—it’s about navigating bureaucracy while under stress and confusion.
Related Charges and Internal Linking for Broader Context
Bigamy under Article 134 doesn’t always stand alone. It’s frequently accompanied by charges like Article 107 – False Official Statements, Article 134 – Obstructing Justice, or Article 134 – Public Record Alteration. In some situations, where deception was used to manipulate housing entitlements or secure command sponsorship for a second spouse, Article 132 – Fraud Against the Government may also be filed. By understanding how these charges interconnect, a legal defense can anticipate prosecutorial strategy and isolate the core allegations to limit overall exposure.
Call Joseph L. Jordan – UCMJ Defense That Goes Beyond the Obvious
If you’re facing a bigamy charge under Article 134, don’t wait until a court-martial date is set. Every document, every form, every assumption about your marital status will be dissected by prosecutors. You need a defense that doesn’t just know the law—it knows the military. Joseph L. Jordan, UCMJ Attorney, has represented service members around the globe accused of complex Article 134 violations, including bigamy, benefits fraud, and misrepresentation. A former Army Judge Advocate, he understands how to break apart a command-driven prosecution and restore your record. Call (888) 367 03 12 today for a confidential case review. Your career, your reputation, and your benefits are worth fighting for.
