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PRINTER'S NO. 514
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
520
Session of
2019
INTRODUCED BY ORTITAY, BERNSTINE, T. DAVIS, DeLUCA, KULIK,
MILLARD, SCHWEYER AND SNYDER, FEBRUARY 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 19, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in alimony and support, further
providing for alimony.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3701(a) and (b)(14) of Title 23 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
ยง 3701. Alimony.
(a) General rule.--[Where] Subject to subsection (a.1),
where a divorce decree has been entered, the court may allow
alimony, as it deems reasonable, to either party only if it
finds that alimony is necessary.
(a.1) Conviction.--Except where the court finds that an
order awarding alimony is necessary to prevent manifest
injustice, a party who has been convicted of committing a
personal injury crime against the other party shall not be
awarded alimony. Any amount of alimony paid by the injured party
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after the commission of the offense but before conviction of the
other party shall be recoverable by the injured party upon
petition.
(b) Factors relevant.--In determining whether alimony is
necessary and in determining the nature, amount, duration and
manner of payment of alimony, the court shall consider all
relevant factors, including:
* * *
(14) [The] Subject to subsection (a.1), the marital
misconduct of either of the parties during the marriage. The
marital misconduct of either of the parties from the date of
final separation shall not be considered by the court in its
determinations relative to alimony, except that the court
shall consider the abuse of one party by the other party. As
used in this paragraph, "abuse" shall have the meaning given
to it under section 6102 (relating to definitions).
* * *
Section 2. This act shall take effect in 60 days.
20190HB0520PN0514 - 2 -
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