About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



69 Am. U. L. Rev. 253 (2019-2020)
Adding Insult to Injury: The Unconscionability of Alimony Payments from Domestic Violence Survivors to Their Abusers

handle is hein.journals/aulr69 and id is 257 raw text is: 









                          COMMENT


        ADDING INSULT TO INJURY: THE
      UNCONSCIONABILITY OF ALIMONY
   PAYMENTS FROM DOMESTIC VIOLENCE
         SURVIVORS TO THEIR ABUSERS


                       AMANDA NANNARONE*


  In 2017, the #MeToo movement took social media by storm       when
individuals from all walks of life began openly sharing their experiences with
sexual violence and gender-based harassment for the first time. Starting in the
employment space and moving to other areas, the movement encouraged legal
changes that improve gender equality. Alimony, which has received little
scholarly attention in recent years, became of interest to #MeToo reformers who
discovered current laws failed to adequately serve survivors' interests by forcing
them to pay spousal support to their abusive ex-spouse. Instead of a uniform
system that removed the possibility of survivors being required to pay spousal
support to their abusers, lawyers and clients face a patchwork of statutes that
vary wildly from jurisdiction to jurisdiction. Some jurisdictions prohibit
considering any evidence of marital misconduct, while others leave it solely to
the court's discretion. California is the only state that has affirmatively enacted
legislation disqualifying alimony payments from survivors to abusers.
  As state legislatures continually fail to implement proper laws, survivors'
only hope in having alimony provisions in divorce settlements invalidated lies


    * Senior Staff Member, American University Law Review, Volume 69; J.D.
Candidate, May 2020, American University Washington  College of Law; B.A.,
Communications, Legal Institutions, Economics, and Government, American
University. I dedicate this Comment to survivors of domestic violence. To those
survivors: you are strong, you are brave, and you are not alone. Your stories matter
and your voices are heard. #MeToo.