Posted: | July 26, 2024 10:15 AM |
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From: | Representative Shelby Labs and Rep. Kristin Marcell |
To: | All House members |
Subject: | Prohibiting a Court Order that would Require a Domestic Abuse Victim to Pay Alimony in Divorce Proceedings |
In the near future, we intend to introduce legislation to provide that, in divorce proceedings, a court may not order a domestic abuse victim to pay his or her abuser alimony. We were shocked to learn that a constituent was recently compelled by a court to pay alimony to her former husband, although the court determined that he had physically abused her over the course of their marriage. For this constituent, the court’s order was not only a miscarriage of justice, but a perpetuation of the abuse she was forced to endure for years.
Awarding alimony to abusive spouses undermines the principles of fairness and justice, as it forces victims to financially support the person who has caused them considerable physical harm or substantial emotional distress. Financial independence is crucial for victims to recover and rebuild their lives following an abusive marriage. Indeed, access to these financial resources may be necessary for the victim to secure safe housing or access healthcare, legal assistance, or counseling services. Denying alimony to abusers emphasizes the importance of personal responsibility and accountability. Moreover, it reinforces the notion that abusive behavior has tangible, negative consequences. Domestic abuse should not, under any circumstances, be rewarded under the laws of this Commonwealth.
Please join us in cosponsoring this important piece of legislation to better protect our constituents.
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