Posted on Sep 30, 2015
Do you think it is fair that a woman be required to pay half of her military retirement to an ex-husband convicted of child molestation?
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I wasn't aware this was an "Arizona" law, and I got my divorce here... I thought it was part of Federal Law? In fact, I've seen some (here) keep most/all of their retirement thanks to good lawyers and what the spouse is willing to "settle for". My lawyer wanted to do the same for me, but I opted out as I felt she was entitled, but I did have a choice/option and I think, in this veterans rush to get the divorce, she may have screwed herself, so I'm a bit confused by this Can anyone out there shed a little light on this subject?
The fact that he is a child molester and has been sentenced to life in prison, should this have bearing as to whether he is entitled to receive the spouse's retirement? Please share your justification/rationale! :)
The fact that he is a child molester and has been sentenced to life in prison, should this have bearing as to whether he is entitled to receive the spouse's retirement? Please share your justification/rationale! :)
Posted in these groups: 
Divorce
Divorce
Edited 9 y ago
Posted 9 y ago
Responses: 30
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That's terrible. Hell naaw, she shouldn't have to give him half. He's locked up for life. What is he doing with the money anyway? He's...locked up. Give him 1%, for commissary, at BEST.
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My understanding is that even a retired member who commits a felony will have their retirement pension forfeited. How is this not the same. People need consequences for their actions
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LTC Michael Murphy
Perhaps you are mistaken.
http://www.military.com/NewContent/0,13190,Philpott_042205,00.html
LOSING RETIRED PAY
Does military retired pay stop once a retiree is incarcerated in prison for a felony conviction?
HENRY C.
Panama City, Fla.
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Military retirees are dropped from retirement rolls only when convicted for national security violations under the Hiss Act (5 U.S. Code, Section 8311-8322.) More routine felony convictions typically are not cause for loss of retired pay, say Defense pay experts.
If a service member receives a courts martial conviction, the punishment might include separation without retirement if the member is not yet retired. However, once retired, most criminal convictions outside the military are not cause for termination or suspension of retired pay. Each situation is unique, however.
As originally enacted in 1954, the Hiss Act included a long list of criminal offenses for which military retired pay could be lost. The law was amended in 1961 and limited retired pay losses to crimes of national security.
http://www.military.com/NewContent/0,13190,Philpott_042205,00.html
LOSING RETIRED PAY
Does military retired pay stop once a retiree is incarcerated in prison for a felony conviction?
HENRY C.
Panama City, Fla.
---
Military retirees are dropped from retirement rolls only when convicted for national security violations under the Hiss Act (5 U.S. Code, Section 8311-8322.) More routine felony convictions typically are not cause for loss of retired pay, say Defense pay experts.
If a service member receives a courts martial conviction, the punishment might include separation without retirement if the member is not yet retired. However, once retired, most criminal convictions outside the military are not cause for termination or suspension of retired pay. Each situation is unique, however.
As originally enacted in 1954, the Hiss Act included a long list of criminal offenses for which military retired pay could be lost. The law was amended in 1961 and limited retired pay losses to crimes of national security.
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You hear people mislead the military all the time on this subject. I am divorced, well was I just got remarried in 2013, had custody and raised three children while on active duty. My ex gets nothing, she paid me child support for years, I have 100% of my retirement and never gave her a dime of anything.
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LCDR (Join to see)
A lot of Lawyers will tell you that you have to give it up because it is accepted as common property. But there are cases where the common property law can be overruled. I think this would be one.
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I think that if a spouse is convicted of a felony they automatically give up that entitlement.
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LTC Michael Murphy
http://www.military.com/NewContent/0,13190,Philpott_042205,00.html
LOSING RETIRED PAY
Does military retired pay stop once a retiree is incarcerated in prison for a felony conviction?
HENRY C.
Panama City, Fla.
---
Military retirees are dropped from retirement rolls only when convicted for national security violations under the Hiss Act (5 U.S. Code, Section 8311-8322.) More routine felony convictions typically are not cause for loss of retired pay, say Defense pay experts.
If a service member receives a courts martial conviction, the punishment might include separation without retirement if the member is not yet retired. However, once retired, most criminal convictions outside the military are not cause for termination or suspension of retired pay. Each situation is unique, however.
As originally enacted in 1954, the Hiss Act included a long list of criminal offenses for which military retired pay could be lost. The law was amended in 1961 and limited retired pay losses to crimes of national security.
–- T.P.
LOSING RETIRED PAY
Does military retired pay stop once a retiree is incarcerated in prison for a felony conviction?
HENRY C.
Panama City, Fla.
---
Military retirees are dropped from retirement rolls only when convicted for national security violations under the Hiss Act (5 U.S. Code, Section 8311-8322.) More routine felony convictions typically are not cause for loss of retired pay, say Defense pay experts.
If a service member receives a courts martial conviction, the punishment might include separation without retirement if the member is not yet retired. However, once retired, most criminal convictions outside the military are not cause for termination or suspension of retired pay. Each situation is unique, however.
As originally enacted in 1954, the Hiss Act included a long list of criminal offenses for which military retired pay could be lost. The law was amended in 1961 and limited retired pay losses to crimes of national security.
–- T.P.
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For a red state, AZ is a hatchet man state for veterans. I got divorced here and it was a nightmare. I pay $1650 a month to a woman who's only ailment that keeps her from working is her sense of entitlement. 100% combat disabled and on my umpteenth surgery trying to survive on disability and the judge says, and I quote, "I know your pay isn't subject to garnishment. I'm not garnishing it. I'm saying that if you don't pay what I tell you, you will find yourself in jail." Pinal County is like a corrupt town from the movie 'Roadhouse.' The Sherriff and the Judge are actual brothers. No problem there, right?
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MSgt Curtis Ellis
SFC Mark Merino I hear ya, my ex gets just as much, but decided to keep my mouth shut about my P&C for my disabilities...
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I got my divorce in OK, and was faced with paying my ex a pro rated amount of money for the rest of her life even though I hadn't made it to 20, she hadn't been married to me for 10 years, and we had been separated longer than we were together. So this while vile and very unfair I could see happening.
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Maybe I am being naive on this but why wouldn't a convicted felon not lose his rights on this subject?
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Unfortunately that is the law. The only way to fix this is for the state legislature to address this issue. I hope the state of Arizona fixes this.
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