dirkmanchest
recently joined
Reged: 11/16/08
Posts: 19
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My spouse of 22 years, almost 20/20/20, had a total bipolar psychotic break and starting with paranoia, then delusions, and finally frank psychosis attacked a stranger.
She went onto the neighbor's driveway and claimed his BMW as hers. She then pulled a police lock blade Spyderco and was jailed for felony agg assault with intent to do bodily harm.
She cannot participate in her own defense but has refused a psychiatric evaluation,
The judge will very likely remand her to a psych hospital and after 3 months if no better, she will be commited to the hospital. If "rehabilitated", she will stand trial.
I fear for my life as she could easily kill me in my sleep if we were to remain together.
I have no choice but to seek a disolution or divorce.
Does she get the >50% of my retired income if incarcerated as a felon or hospitalized per the spousal protection act? :(
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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First you have to file for divorce and a determination has to be made to see what she gets. It is my understanding that only you could lose your retirement through your behavior, and she would still receive whatever she is awarded. I will look and see if I can find anything that says something different.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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What state????
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dirkmanchest
recently joined
Reged: 11/16/08
Posts: 19
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Houston, Texas
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dirkmanchest
recently joined
Reged: 11/16/08
Posts: 19
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I have to wait until she is found competant to stand trial and I want her to have a full 20 years of marriage while I am on active duty so she can have decent health care instead of medicaid.
But the general opinion is that she gets 1/2 even if she is Son of Sam and I get all the bills.
What gives?
Who wrote this pile of dung law that congress rubber stamped?
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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The law only says that your retirement is divisible. I would say 50% is a close number unless you have something to give her. It is considered property and if you have other property, it can be negotiated. What happens if you do not wait for the 20 year mark and immediately start the process. YOu do have some negotiating room with health care, etc. Everything I have read so far says once awarded, she will not lose it until you die or she dies. What are you looking to do, save your retirement???
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dirkmanchest
recently joined
Reged: 11/16/08
Posts: 19
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What I want to do is not pay 50% of my retirement to someone that is in prison. Do you know what will happen to someone that gets 1500. per month on their account per month by the other inmates? I do and it is not a good scenerio. She will be extorted or die.
I want to pay her a fair amt for what she has contributed to this marriage and let me live in peace without fear of an Andre Yates style execution.
Sound resonable?
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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Not a problem, now how do you get it???? She is entitled, and that is a fact that has to be dealt with. Is she going to voluntarily say, ok, to protect my self, I do not want 50%?? You want to pay her a fair amount, and that is what the court will figure out and order, unless you pre empt it. If you are looking for a law that will get you what you want, I do not think it exists, but I am still looking. So you have to figure out a way to make this happen. What will it take to get her to say ok. What do you have that will make her do what you want. I understand it's a difficult situation, but your going to have to do something.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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Unfortunately - a spouse can do nothing to lose their entitlement to your military retirement. A judge can CHOOSE to not award it to her, but I wouldn't hold my breath. Your best bet is to figure out the actual value of your retirement TODAY and attempt to offset that with other assets or by taking on all of the marital debt.
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Forgiveness is...letting go of the hope that the past can be changed.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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"Does she get the >50% of my retired income if incarcerated as a felon or hospitalized per the spousal protection act?"
The issues you raise do not impact the division of a marital asset.
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