Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
If you had a sexual relationship with this woman and she is willing to testify to that fact, then yes you could be charged with adultery.
Legal separation, even one that is documented with legal paperwork, is not a legal defense to the claim of adultery. You have to be divorced with the final decree or it is technically adultery to be with anyone else sexually.
Now, a separation period is certainly a fact that commanders (or a jury) can take into consideration, but it is an optional factor. They can give it as much or as little weight as they want to give it. Again, it is not a legal defense against the charge...just a fact that can be used in mitigation of the charge, if the command (or jury, if it gets that far) can take into consideration.
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