To Prohibit An Award Of Alimony Or Terminate Alimony For A Person Who Has Been Found To Have Committed An Act Of Civil Or Criminal Domestic Abuse When The Victim Would Be The Payor Of Alimony.
Summary
HB1663 would add a new section to Arkansas divorce and alimony law requiring courts to deny alimony to a person who has been found to have committed domestic abuse against the spouse who would otherwise pay alimony. It also extends that rule to certain criminal convictions involving domestic battering and assault on a family or household member, so long as the victim is the alimony payor. In those cases, the court must deny an initial alimony request.
The bill also allows a court to terminate an existing alimony award if the recipient is later found to have committed domestic abuse or is later convicted of one of the listed domestic violence offenses against the alimony payor. The bill specifies that such a finding or conviction is a significant and material change in circumstances under Arkansas’s alimony modification statute, which would make it easier for a payor to seek termination of ongoing support.
Impact
The bill would amend Arkansas Code Title 9, Chapter 12, Subchapter 3 by creating a new alimony rule tied to domestic abuse findings and domestic violence convictions. It would directly affect divorce and alimony proceedings by limiting judicial discretion in cases where the alimony claimant has abused the other spouse or household member who would be the payor, and by authorizing termination of existing awards based on later abuse findings or convictions. It would also interact with the state’s alimony modification statute by defining these events as a significant and material change in circumstances.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a protective, victim-centered reform aimed at preventing abusers from receiving financial support from their victims. The overall posture of the bill suggests likely support from lawmakers concerned with domestic violence and family law fairness, though no formal vote history is available here to confirm the level of support or opposition.
Contention
The main point of contention is likely the bill’s restriction on alimony in cases involving domestic abuse or domestic violence convictions, especially the mandatory denial of alimony in initial awards and the ability to terminate existing awards. Supporters would likely view the bill as preventing victims from being forced to financially support abusers, while opponents might argue it reduces judicial discretion, could be overinclusive in some cases, or may complicate alimony determinations when abuse findings and divorce proceedings overlap. The bill also distinguishes between mandatory denial for initial awards and discretionary termination for existing awards, which could raise questions about proof, timing, and how courts should apply the new standard.