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S 1236

Ensures the public has virtual access to public service commission proceedings and may file documents electronically

2025 Regular Session Introduced by Leroy Comrie and 1 co-sponsor

Bars alimony to spouses convicted of domestic abuse and lets courts terminate or deny existing or future alimony, protecting abuse survivors while penalizing abusive spouses.

2ND REPORT CAL.
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Bill Summary · S 1236

Summary — S.1236 (2025): "An Act to protect survivors of spousal abuse from alimony liability"

Note on metadata: The bill metadata provided contains inconsistent items (a different short title about "virtual access" and mixed committee referrals). The actual bill text for S.1236 filed in the Massachusetts Senate is a state-level proposal to limit or terminate alimony where a spouse has a conviction for domestic or spousal abuse. The summary below reflects the bill text.

Main purpose

S.1236 seeks to protect survivors of spousal abuse by (1) preventing a spouse convicted of domestic/spousal abuse from receiving alimony and (2) enabling termination or denial of existing or future alimony awards where a conviction for abuse exists.

Key provisions and changes

  • Definitions: Adopts the existing statutory definition of “abuse” (chapter 209A) and defines “Abusive Spouse” as a spouse convicted of abuse (including attempts, causing physical harm, and coercing sexual relations by force, threat, or duress). “Alimony” is defined as court-ordered spousal support.
  • Denial of alimony: Amends multiple sections of chapter 208 (probate/domestic relations) to require that courts “decline” or “deny” alimony to any spouse with a conviction of abuse. Several sections are amended to add explicit language that a conviction of abuse is a reason to deny alimony.
  • Termination of existing alimony: Adds provisions allowing a spouse who has been paying alimony to an abusive spouse to petition the court to terminate prior alimony orders and agreements. Multiple alimony categories (general term, rehabilitative, reimbursement, transitional) are amended to require termination if the recipient spouse has a conviction of abuse.
  • Evidence and procedure: Repeals and amends parts of chapter 209A and chapter 208 that previously limited the admissibility or weight of certain 209A (protective order) findings (e.g., language that ex parte 209A orders are not admissible to show a pattern of abuse is removed). Gendered pronouns in certain sections are replaced with gender-neutral “party.”
  • Preservation of hearings: The bill states it does not affect parties’ rights to hearings under domestic relations procedure or the court’s discretion in conducting hearings.
  • Effective date: The act would take effect upon passage.

Who is affected

  • Survivors of domestic/spousal abuse who may currently be ordered to pay alimony: would be able to seek termination and be protected from future alimony liability where the other spouse has a conviction for abuse.
  • Spouses convicted of abuse: would be barred from receiving court-ordered alimony and could lose existing alimony rights.
  • Probate and Family Courts: would implement new mandatory rules to deny/terminate alimony when a conviction exists and consider 209A-related evidence differently.
  • Divorce/settlement negotiations: parties and counsel will need to account for criminal convictions in bargaining and post-judgment enforcement.

Procedural / timeline status

  • Filed in the Massachusetts Senate (docket references in the bill text show January 2025 filing). Legislative action entries indicate the bill was introduced and referred to committees and that hearings were scheduled for April 22, 2025. (Metadata about committee referrals is inconsistent; the bill text and sponsorship indicate Judiciary-related subject matter.)

Potential implications and considerations

  • Standard of proof: The bill centers on criminal convictions (not mere allegations or civil protective orders), so protections depend on a criminal conviction having been obtained.
  • Retroactivity: The bill permits petitions to terminate previously ordered alimony where there is a conviction; this could reopen settled financial arrangements.
  • Evidence changes: Removing limits on admissibility of certain 209A orders could make protective-order history more influential in alimony proceedings.
  • Court workload & litigation: May increase post-judgment motions and evidentiary hearings as parties seek to apply the new rules.

This summary highlights the bill’s substantive goal: to bar and terminate alimony awards when the recipient has been criminally convicted of domestic or spousal abuse, while preserving court hearing rights.

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

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