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SENATE DOCKET, NO. 1413 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1191
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 protecting survivors of domestic abuse.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 2
SENATE DOCKET, NO. 1413 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1191
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1191) of Mark C. Montigny for
legislation to protect survivors of domestic abuse. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1055 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting survivors of domestic abuse.
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. Chapter 208 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 34D the following section:-
3 Section 34E. In determining whether to make a judgment for either party to pay alimony
4to the other under sections 48 to 55, inclusive, the court shall consider documented evidence of
5abuse, as defined in chapter 209A, including, but not limited to, emotional distress resulting from
6that abuse, between the parties or perpetrated by either party against either party’s child. For
7purposes of this section, documented evidence shall include, but shall not be limited to, records
8contained within the statewide domestic violence record keeping system. The court may consider
9other evidence that it considers appropriate in determining whether there is a history of abuse
10between the parties or perpetrated by either party against either party’s child. Whenever 1 party 2 of 2
11has a criminal conviction resulting from abuse perpetrated against the other party or either
12party’s child, a judgment for alimony to benefit the convicted party as a recipient shall be
13prohibited.
14 SECTION 2. Section 53 of said chapter 208 is hereby amended by inserting after the
15word “marriage”, in line 9, the following words:- “; documented evidence of a history of abuse,
16as defined in chapter 209A, including, but not limited to, emotional distress resulting from that
17abuse, between the parties or perpetrated by either party against either party’s child”.
18 SECTION 3. The payor spouse may petition the court to terminate an alimony judgment
19entered into prior to the effective date of this act if the payor spouse presents a certified copy of a
20court docket evidencing a conviction, as set forth in section 1 of this act, after all appeal periods
21have been exhausted.