Legislation would prohibit abusers from collecting alimony from abusedDate: 2/14/2024 A new bill in the Massachusetts Legislature, proposed by state Sen. Jake Oliveira (D-Ludlow), would prevent courts from requiring those who have experienced spousal abuse to pay alimony to their abusers.
Under the existing law, when divorcing, the higher earner in a marriage may be required by the court to pay alimony to the other spouse.
“An Act to Protect Survivors of Spousal Abuse from Alimony Liability,” would amend sections of existing state laws to specify, “The court shall decline alimony because of a spouse’s conviction of abuse including attempts at causing physical harm and serious physical harm as a reason to decline alimony.” State law defines abuse as “including but not limited to attempting to cause or causing physical harm, placing a spouse in fear of imminent serious physical harm, and causing a spouse to engage involuntarily in sexual relations by force, threat or duress.” The law would only apply to individuals with a conviction or who have pled guilty to abuse-related charges.
“This legislation’s core purpose is to protect survivors of abuse,” Oliveira said in a statement. “It is unconscionable to me that a survivor of spousal abuse, who had the courage to get away from an abusive partner, should have to be reminded of that abuse and continue to pay for it once the marriage is over.”
Speaking to Reminder Publishing, he said, “This is the definition of adding insult to injury. It’s revictimization.”
Under the proposed legislation, people who have experienced spousal abuse who have paid or are currently paying alimony to a spouse with an abuse-related conviction or guilty plea could petition the court to terminate the payments. Connecticut, New Jersey and California have enacted similar legislation.
Historically, men have been the higher earners in heterosexual relationships, and according to the National Coalition Against Domestic Violence, one in every four women have experienced severe intimate partner physical violence, intimate partner contact sexual violence and/or intimate partner stalking. For men, the statistic is one in nine.
Oliviera said he believes situations in which people who have experienced abuse are ordered to pay alimony to their abusers are becoming more commonplace, in part, because the legalization of same-sex marriage has created more divorces in which spouses who have been the target of abuse may earn more than the abusive spouse.
“Laws are constantly being adjusted to address issues as they come up,” Oliviera said. The legislation is now in committee. If passed, it would take effect immediately upon being signed into law.
The National Domestic Violence Hotline is available 24/7 at 800-799-7233 (SAFE).
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