An Act To Modify the Divorce Laws Concerning Perpetrators of Domestic Violence
Maine Legislature, Session 128, LD 0578
Committee: Judiciary
Sponsors: SAVIELLO
Amends: 19-A MRSA §951-A, 19-A MRSA §953, 19-A MRSA §1051

Legislative Document
No. 578
S.P. 193
In Senate, February 16, 2017
An Act To Modify the Divorce Laws Concerning Perpetrators of 
Domestic Violence
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator SAVIELLO of Franklin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §951-A, sub-§13 is enacted to read: 
13.  Domestic violence.  The court may not award spousal support to a party who has 
violated Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from 
another jurisdiction if the opposing party was the victim.  A violation under this 
subsection may be proved by providing the court with a certified copy of the conviction 
from the court in which the matter was adjudicated or, if the violation has been alleged 
but did not result in a criminal conviction, the court may determine that a violation of 
Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another 
jurisdiction occurred by a preponderance of the evidence submitted by the opposing 
party. 
Sec. 2.  19-A MRSA §953, sub-§10 is enacted to read: 
10.  Domestic violence.  The court may not award any portion of any retirement 
benefits of an opposing party to a party who has violated Title 17-A, section 207-A, 
209-A, 210-B or 210-C or a similar provision from another jurisdiction if the opposing 
party was the victim.  A violation under this subsection may be proved by providing the 
court with a certified copy of the conviction from the court in which the matter was 
adjudicated or, if the violation has been alleged but did not result in a criminal conviction, 
the court may determine that a violation of Title 17-A, section 207-A, 209-A, 210-B or 
210-C or a similar provision from another jurisdiction occurred by a preponderance of the 
evidence submitted by the opposing party. 
Sec. 3.  19-A MRSA §1051, sub-§3 is enacted to read: 
3.  Domestic violence.  This section does not apply to a party who has violated Title 
17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another 
jurisdiction, who may not continue to use the opposing party's name if the opposing party 
was the victim.  A violation under this subsection may be proved by providing the court 
with a certified copy of the conviction from the court in which the matter was adjudicated 
or, if the violation has been alleged but did not result in a criminal conviction, the court 
may determine that a violation of Title 17-A, section 207-A, 209-A, 210-B or 210-C or a 
similar provision from another jurisdiction occurred by a preponderance of the evidence 
submitted by the opposing party.  This subsection does not apply if the names of the 
parties were identical before the marriage. 
SUMMARY 
This bill prohibits in a divorce action the awarding of spousal support or retirement 
benefits to a party if the party has been convicted of or proved by a preponderance of the 
evidence to have committed domestic violence assault, domestic violence criminal 
threatening, domestic violence terrorizing or domestic violence stalking and the other 
party was the victim.  The bill also prohibits the party from continuing to use the victim's 
name unless the names of the parties were identical before the marriage.