Can a person convicted of the attempted murder of their spouse receive any of the marital assets in a divorce?

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Can a person convicted of the attempted murder of their spouse receive any of the marital assets in a divorce?

My boyfriend’s soon to be ex-wife tried to kill him by setting their house on fire while he slept inside. She was found guilty of attempted murder in the first degree and arson in the first degree. Since she has been found guilty is there a law which prevents her from receiving any of the marital assets in a divorce?

Asked on May 11, 2011 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You raise a really good question but I doubt that there is a law that states what you have stated.  There is a law that says that you can not collect on the life insurance proceeds of someone that you kill, so if she had been successful in murdering him and there was a life insurance policy and she was listed as the beneficiary of the policy then she would have been precluded from collecting.  Here, though, I would make some argument to the court but you would have to consult with your attorney in the Washington area if there was actually law on the issue. He is a very lucky man. Good luck.


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