Murderous Spouses Barred From Collecting in Divorce Settlements

Posted: July 18, 2010 in family law
Tags: , , , , , , , , ,

Assemblymember Marty Block

Assembly Bill 2674 was passed into law on July 16, 2010.  In case you don’t know what Assembly Bill 2674 is about, AB 2674 is based upon the personal experience of Detective John Pomroy of the Pomona Police Department who was forced to turn over part of his CalPERS retirement and deferred compensation proceeds to his former wife convicted of soliciting his murder. Detective Pomroy sought a legislative remedy so that no one else would suffer this injustice.

“This bill updates our laws to close a loophole to ensure that community property claims are forfeited if one spouse tries to destroy the community through the solicitation of a third party to murder the other spouse,” said Assemblymember Marty Block, who wrote this bill.

Under existing law, when a spouse is convicted of attempting to murder their spouse, the victimized spouse is entitled to an award of 100% of the community property interest in the retirement and pension benefits. The victimized spouse is also entitled to prohibit any temporary or permanent award for spousal support, medical, life or other insurance benefits or payments to the convicted spouse as well and is entitled to reasonable attorney fees and costs.

While this doesn’t help John Pomroy, he acknowledged in an April interview that “maybe some poor sap in the future won’t have to go through this.”

Enhanced by Zemanta

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s