I was watching television the other night, trying to pretend
I could still stay up late and function the next day when I came across a show called “Who the bleep
did I marry.” In this episode,
California police detective John Pomroy was detailing how his ex-wife Tina
received half of their marital estate even though she tried to hire a hitman to
kill him.
Tina was physically abusive and suffered from addictions to
prescription medications, alcohol and illegal drugs, so it was no surprise that
John was awarded custody of the couple’s children in their 2002 divorce
action. Most individuals would be very
upset in this situation, but Tina took it a step further.
Conveniently, some members of a biker gang lived nearby and
she tried to hire them to kill her husband.
Unfortunately for Tina she solicited members with scruples, as they
quickly ratted her out to the police.
Undercover officers then caught Tina in the act and she was eventually
convicted of solicitation for murder.
Due to California law at the time, a spouse was only barred
from receiving assets if she personally attempted the murder, not if she hired
someone. As one would imagine, John was
quite irritated by this legal loophole, so he made it his mission to get the
law changed.
John’s goal became reality – California Family Code Section
4324 states “when a spouse is convicted of attempting to murder the other
spouse…or of soliciting the murder of the other spouse…the injured spouse shall
be entitled to a prohibition of any temporary or permanent award for spousal
support or medical, life, or other insurance benefits or payments from the
injured spouse to the other spouse.” The
injured spouse need not actually be physically injured for this to apply.
It seems ridiculous that this law had not always been in
effect or that the judge in the Pomroy case wouldn’t have been a trailblazer
and set new precedent, but just watching the news will tell you there’s a lot
of ridiculousness out there. In fact, I
think that’s even a television show.
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