Separation and dating spouse
In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.
Usually the largest asset that a couple acquires during their marriage is their home.
If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery.
Therefore, if the adultery occurred after separation and not before, it may be excusable during a military inquiry.
It would depend on the opinion of the officers conducting the inquiry.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.