Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1679 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2958 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1679
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect survivors of spousal abuse from alimony liability.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Duffy5th Hampden1/16/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/12/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2958 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1679
18	18	By Representative Duffy of Holyoke, a petition (accompanied by bill, House, No. 1679) of
19	19	Patricia A. Duffy and Jacob R. Oliveira for legislation to protect survivors of spousal abuse from
20	20	alimony liability. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to protect survivors of spousal abuse from alimony liability.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The following words as used in this section shall, unless the context
30	30	2otherwise requires, have the following meanings:
31	31	3 “Abuse”, as defined in section 1 of chapter 209A including but not limited to attempting
32	32	4to cause or causing physical harm, placing a spouse in fear of imminent serious physical harm,
33	33	5and causing a spouse to engage involuntarily in sexual relations by force, threat or duress.,
34	34	6 “Abusive Spouse”, a spouse with a conviction of abuse including attempts to and cause
35	35	7physical harm including causing a spouse to engage involuntarily in sexual relations by force,
36	36	8threat or duress., and in violation of section 7 of chapter 209 and sections 34C and 34D of
37	37	9chapter 208
38	38	10 “Alimony”, the payment of support from a spouse, who has the ability to pay, to a spouse
39	39	11in need of support for a reasonable length of time, under a court order unless the spouse has a
40	40	12conviction of abuse. 2 of 5
41	41	13 SECTION 2. Chapter 208 of the General Laws, as appearing in the 2020 Official
42	42	14Edition, is hereby amended by adding at the end the sixth paragraph of Section 1B the
43	43	15following:- “The court shall decline alimony because of a spouse’s conviction of abuse including
44	44	16attempts at causing physical harm and serious physical harm as a reason to decline alimony”.
45	45	17 Section 17 of chapter 208 is hereby amended by adding at the end of the first paragraph:-
46	46	18“The court shall decline alimony to a spouse with a conviction of abuse.”
47	47	19 Section 31A of said chapter 208 is hereby amended by adding at the end of the 3rd
48	48	20paragraph, the following:- “Provided further, that the underlying facts are evidence by the court
49	49	21to deny alimony to a spouse with a conviction of abuse”.
50	50	22 Section 34 of said chapter is hereby amended at the end of the section by adding the
51	51	23following words:- “The court shall decline alimony to a spouse with a conviction of abuse”.
52	52	24 Section 34A of chapter 208 is hereby amended by adding after the second paragraph, the
53	53	25following words:- “A court shall consider a spouse’s conviction of abuse including attempts at
54	54	26causing physical harm and serious physical harm and causing a spouse to engage involuntarily in
55	55	27sexual relations by force, threat or duress as a reason to decline alimony”.
56	56	28 Section 35 of said chapter 208 is hereby amended by adding at the end of the paragraph
57	57	29the following words:- “; provided, however, that a court shall deny alimony to a spouse if they
58	58	30have a conviction of abuse”.
59	59	31 Section 3 of chapter 209A is hereby amended by adding at the end the following
60	60	32subsection:- “(j) The court shall deny any future petition for alimony to the spouse with a
61	61	33conviction of abuse”. 3 of 5
62	62	34 Section 3B of said chapter is hereby amended by adding at the end of the last paragraph
63	63	35the following words:- “The court shall deny any future petition for alimony to the spouse with a
64	64	36conviction of abuse”.
65	65	37 Section 7 of said chapter is further amended by adding at the end the following words:-
66	66	38“The court shall deny any future petition for alimony to the spouse with a conviction of abuse”.
67	67	39 SECTION 3. Section 36A of chapter 208 is hereby amended by adding the following
68	68	40subsection:- “(8) A spouse who has previously paid alimony to a spouse with a conviction of
69	69	41abuse is permitted to file a petition with the court to terminate alimony. The court may
70	70	42reconsider previous alimony contracts and in the case of domestic conviction by a spouse,
71	71	43terminate the alimony and contract”.
72	72	44 Section 37 of said chapter 208 is hereby amended by adding the fourth paragraph:- “if
73	73	45there is a conviction of abuse, the court shall terminate alimony to the spouse”.
74	74	46 SECTION 4. Section 49 of chapter 208 is hereby amended by adding the following
75	75	47subsection (i):- “General term alimony to an abusive spouse shall terminate if the spouse has a
76	76	48conviction of abuse”.
77	77	49 Section 50 of said chapter is further amended by adding the following subsection:- (d)
78	78	50“Rehabilitative alimony to an abusive spouse shall terminate if the spouse has a conviction of
79	79	51abuse”.
80	80	52 Section 51 of said chapter is further amended by adding subsection:- (d) “Reimbursement
81	81	53alimony shall terminate if an abusive spouse has a conviction of abuse” 4 of 5
82	82	54 Section 52 of said chapter is further amended by adding at the end of subsection (b) the
83	83	55following words:- “; provided, however, that the court shall terminate transitional alimony if a
84	84	56spouse is convicted of abuse”
85	85	57 Section 53 of chapter 208 is hereby amended by adding at the end of subsection (a) the
86	86	58following words:- “The court shall deny alimony to a spouse with a conviction of abuse”
87	87	59 Section 54 of said chapter is hereby amended by adding the following subsection:- “(c)
88	88	60The court shall terminate alimony to a spouse with a conviction of abuse”.
89	89	61 Section 55 is hereby amended by adding the following subsection:- “(d) The court shall
90	90	62terminate alimony to a spouse with a conviction of abuse”.
91	91	63 SECTION 5. Section 40 of section 209A of the General Laws is hereby repealed.
92	92	64 Section 3 of chapter 209A is hereby amended by striking out the following words: “shall
93	93	65not in and of itself constitute a pattern or serious incident of abuse; nor shall an order or orders
94	94	66entered ex parte under said chapter 209A be admissible to show whether a pattern or serious
95	95	67incident of abuse has in fact occurred”.
96	96	68 Section 31A of chapter 208 is hereby amended by striking out the following words:-
97	97	69“shall not in and of itself constitute a pattern or serious incident of abuse; nor shall an order or
98	98	70orders entered ex parte under said chapter 209A be admissible to show whether a pattern or
99	99	71serious incident of abuse has in fact occurred”.
100	100	72 Section 7 of chapter 209A and sections 17 and 34 of chapter 208 are hereby amended by
101	101	73striking out the word “him”, each time it appears, and inserting in place thereof the word:-
102	102	74“party”. 5 of 5
103	103	75 SECTION 6. Nothing in this act shall be construed to affect the right of the parties to a
104	104	76hearing under the rules of domestic relations procedure or to affect the discretion of the probate.