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S 1191

Provides for limited credit time allowances

2025 Regular Session Introduced by Joe Addabbo

Mass. S.1191 requires courts to weigh documented abuse (including statewide DV records) in alimony decisions and bars alimony to anyone with a qualifying abuse conviction.

REFERRED TO CORRECTION
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Bill Summary · S 1191

Summary — S.1191: "An Act protecting survivors of domestic abuse"

Note on source materials
- The provided packet contains materials from two different bills that share the designation “S 1191” in different jurisdictions (an Idaho appropriation bill for the Office of Energy and Mineral Resources and a Massachusetts Senate bill titled “An Act protecting survivors of domestic abuse”). This summary focuses on the Massachusetts bill titled “An Act protecting survivors of domestic abuse,” which matches the title you provided. References to the Idaho fiscal/appropriation material are unrelated to the domestic-abuse bill.

Purpose and intent

The bill is intended to strengthen protections for survivors of domestic abuse in family-law proceedings by ensuring courts explicitly consider documented evidence of abuse when deciding alimony (spousal support) awards and by prohibiting alimony payments to a convicted abuser.

Key provisions

  • Adds a new section 34E to Chapter 208 (Massachusetts General Laws) requiring courts, when determining whether to award alimony under sections 48–55, to consider documented evidence of abuse (as defined in Chapter 209A). This includes:
    • Emotional distress resulting from abuse.
    • Records from the statewide domestic violence record-keeping system as an explicit example of admissible “documented evidence.”
    • Other relevant evidence the court deems appropriate to establish a history of abuse between the parties or directed at either party’s child.
  • Explicit prohibition: If one party has a criminal conviction for abuse against the other party or that party’s child, the convicted party is barred from receiving alimony as the recipient.
  • Amends Section 53 of Chapter 208 to require courts to consider documented evidence of a history of abuse (including emotional distress and statewide DV records) when making other statutory determinations tied to marriage referenced in that section.
  • Provides a post-conviction remedy: A payor spouse may petition the court to terminate an existing alimony judgment (entered prior to this act’s effective date) if the payor spouse presents a certified court docket showing a qualifying conviction, provided all appeal periods have been exhausted.

Who is affected

  • Survivors/victims of domestic abuse seeking alimony or defending against alimony awards to an abusive partner.
  • Parties to divorce and separation proceedings (both payors and recipients).
  • Massachusetts trial courts (probate/family courts) — they will have a mandatory consideration requirement and must consider records from a statewide DV database.
  • Entities maintaining the statewide domestic violence record-keeping system (increased usage by courts).

Procedural / timeline notes

  • Senate docket filing (Massachusetts): filed January 16, 2025; referred to the Judiciary committee. The bill notes similar matter was filed in a prior session (Senate No. 1055, 2023–2024).
  • The bill text as provided does not specify an effective date for Massachusetts; typical practice is to include an effective date in the final enactment. (The unrelated Idaho text contains an emergency/July 1, 2025 effective date — that applies only to the Idaho appropriation bill.)

Likely effects and implementation considerations

  • Courts will have a clear statutory basis to weigh documentary evidence of abuse (including statewide records) in alimony determinations, which could reduce awards to convicted abusers and strengthen survivor protections.
  • The prohibition on alimony to convicted abusers is categorical for convictions meeting the bill’s description; details on scope (which offenses qualify) will follow statutory definitions in Chapter 209A and criminal dockets.
  • Administrative impacts: courts may need processes to access and verify statewide DV records and to handle petitions to terminate preexisting alimony orders after convictions.
  • Evidentiary/legal questions may arise about what qualifies as “documented evidence” beyond the examples listed and how courts balance documented abuse evidence with other alimony factors.

Sponsors and related filings

  • Petitioning sponsor (as filed in Massachusetts): Senator Mark C. Montigny (Senate docket No. 1413 / S.1191).
  • The materials provided also list other sponsors (Mark Kelly; John Curtis) and unrelated procedural entries from other states; these appear to refer to different bills and jurisdictions.

If you want, I can:
- Produce a one-page briefing for a judge or advocacy organization summarizing how courts currently treat domestic-violence evidence in alimony cases and how this bill changes practice; or
- Draft suggested technical amendments to clarify evidentiary standards and the scope of disqualifying convictions.

Compiled from official sources — confirm details with the bill’s official record.

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