Pennsylvania Senate Bill SB1329

Pennsylvania 2023-2024 Regular Session

• Introduced: 9/27/24
• Refer: 9/27/24

Caption

In alimony and support, further providing for alimony pendente lite, counsel fees and expenses.

Impact

The enactment of SB1329 will have a significant impact on family law within Pennsylvania, particularly in domestic relations cases involving alimony and support. By preventing convicted individuals from receiving financial support from their victims, the bill aims to reinforce the principle that perpetrators of violence should not financially benefit from their crimes. This change may alter the way courts adjudicate support claims in the context of domestic violence, ensuring that the safety and welfare of victims are prioritized.

Summary

Senate Bill 1329 aims to amend Title 23 of the Pennsylvania Consolidated Statutes to address the provisions regarding alimony pendente lite and spousal support. The key amendment prohibits individuals convicted of personal injury crimes against their spouses or partners from receiving spousal support or alimony pendente lite, unless a court determines that granting such support is necessary to avoid manifest injustice. This provision underscores the bill's focus on safeguarding the rights of victims and ensuring that those who have committed domestic crimes do not benefit financially from their actions.

Sentiment

The sentiment surrounding SB1329 has been largely positive among advocacy groups and legislators focused on domestic violence issues. Supporters view it as a necessary legislative measure that enhances victim protections and reinforces accountability for offenders. However, there may be concerns regarding the interpretation of 'manifest injustice' and how courts will apply this standard in individual cases, potentially leading to varied outcomes based on judicial discretion.

Contention

Notable points of contention may arise from the implementation of the 'manifest injustice' clause, as it introduces a subjective element to the determination of alimony eligibility. Critics of the bill may argue that it could lead to situations where genuine need for support is overlooked in cases where the crime is deemed to overshadow the financial needs of the perpetrator. The bill's effectiveness will depend on its interpretation in actual court proceedings and whether it can provide a fair balance between victim rights and the financial realities of marriage dissolution.