Massachusetts SD 2971: An Act to protect survivors of spousal abuse from alimony liability

Bill Text

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SENATE DOCKET, NO. 2971        FILED ON: 1/25/2024 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.          
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Jacob R. Oliveira 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act to protect survivors of spousal abuse from alimony liability. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Jacob R. Oliveira Hampden, Hampshire and Worcester  
Pavel Payano First Essex 2/8/2024 
Patricia A. Duffy 5th Hampden 2/9/2024 
John H. Rogers 12th Norfolk 2/15/2024 
Danillo A. Sena 37th Middlesex 3/1/2024 

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SENATE DOCKET, NO. 2971        FILED ON: 1/25/2024 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.          
By Mr. Oliveira, a petition (accompanied by bill) (subject to Joint Rule 12) of Jacob R. Oliveira 
for legislation to protect survivors of spousal abuse from alimony liability.  The Judiciary. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Third General Court 
(2023-2024) 
_______________
 
 
An Act to protect survivors of spousal abuse from alimony liability. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1.  The following words as used in this section shall, unless the context 
2otherwise requires, have the following meanings: 
3 “Abuse”, as defined in section 1 of chapter 209A including but not limited to attempting 
4to cause or causing physical harm, placing a spouse in fear of imminent serious physical harm, 
5and causing a spouse to engage involuntarily in sexual relations by force, threat or duress.,  
6 “Abusive Spouse”, a spouse with a conviction of abuse including attempts to and cause 
7physical harm including causing a spouse to engage involuntarily in sexual relations by force, 
8threat or duress., and in violation of section 7 of chapter 209 and  sections 34C and 34D of 
9chapter 208 
10 “Alimony”, the payment of support from a spouse, who has the ability to pay, to a spouse 
11in need of support for a reasonable length of time, under a court order unless the spouse has a 
12conviction of abuse.  

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13 SECTION 2.  Chapter 208 of the General Laws, as appearing in the 2020 Official 
14Edition, is hereby amended by adding at the end the sixth paragraph of Section 1B the 
15following:- “The court shall decline alimony because of a spouse’s conviction of abuse including 
16attempts at causing physical harm and serious physical harm as a reason to decline alimony”. 
17 Section 17 of chapter 208 is hereby amended by adding at the end of the first paragraph:- 
18“The court shall decline alimony to a spouse with a conviction of abuse.” 
19 Section 31A of said chapter 208 is hereby amended by adding at the end of the 3rd 
20paragraph, the following:- “Provided further, that the underlying facts are evidence by the court 
21to deny alimony to a spouse with a conviction of abuse”.  
22 Section 34 of said chapter is hereby amended at the end of the section by adding the 
23following words:- “The court shall decline alimony to a spouse with a conviction of abuse”. 
24 Section 34A of chapter 208 is hereby amended by adding after the second paragraph, the 
25following words:- “A court shall consider a spouse’s conviction of abuse including attempts at 
26causing physical harm and serious physical harm and causing a spouse to engage involuntarily in 
27sexual relations by force, threat or duress as a reason to decline alimony”. 
28 Section 35 of said chapter 208 is hereby amended by adding at the end of the paragraph 
29the following words:- “; provided, however, that a court shall deny alimony to a spouse if they 
30have a conviction of abuse”. 
31 Section 3 of chapter 209A is hereby amended by adding at the end the following 
32subsection:- “(j) The court shall deny any future petition for alimony to the spouse with a 
33conviction of abuse”. 

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34 Section 3B of said chapter is hereby amended by adding at the end of the last paragraph 
35the following words:- “The court shall deny any future petition for alimony to the spouse with a 
36conviction of abuse”. 
37 Section 7 of said chapter is further amended by adding at the end the following words:- 
38“The court shall deny any future petition for alimony to the spouse with a conviction of abuse”.  
39  SECTION 3. Section 36A of chapter 208 is hereby amended by adding the following 
40subsection:- “(8) A spouse who has previously paid alimony to a spouse with a conviction of 
41abuse is permitted to file a petition with the court to terminate alimony. The court may 
42reconsider previous alimony contracts and in the case of domestic conviction by a spouse, 
43terminate the alimony and contract”.