If you have sex with an active-duty soldier, and the spouse of the active-duty soldier is not an active-duty soldier, is it considered breaking the military marriage? Note that it happened with active servicemen, not with their spouses? The crime of breaking up a military marriage is mainly an extramarital affair with a soldier's spouse, but if it is an extramarital affair between two soldiers, it does not constitute the crime of breaking up a military marriage if the spouse is not a soldier.

The crime of breaking up a military marriage is a kind of privileged protection for soldiers, excluding the spouses of non-soldiers. His spouse has no right to sue Pojun for marriage, so it is not regarded as Pojun marriage, but his spouse can sue for divorce.

Article 33 of the Marriage Law stipulates that the spouse of an active-duty soldier requests a divorce, and the spouse of an active-duty soldier requires the consent of the active-duty soldier, unless the active-duty soldier has a major fault. If one of the soldiers has a major fault, such as living with her outside, committing domestic violence or taking drugs, the other party can directly sue for divorce.