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The “explanation” portion of Article 134 identifies several considerations military commanders should consider in determining whether an act of sexual intercourse could satisfy the third and final element of adultery under the UCMJ, including whether the Soldier or their sexual partner was “legally separated.” When people refer to being “legally separated,” they generally mean one of two distinct legal situations " either they have signed a formal separation agreement with their spouse or that a state court has issued an order of separation.