General Summary of the Bill

H.R. 9196, titled the "Pregnancy Empowerment Act of 2024," is a legislative proposal introduced in the House of Representatives. The purpose of the bill is to prohibit states from considering pregnancy status when an individual files for divorce. The bill emerges against a backdrop where several states reportedly delay or deny divorces for pregnant people, ostensibly to address concerns related to paternity and parental rights. This federal mandate seeks to streamline divorce processes by ensuring pregnancy does not become a barrier.

Summary of Significant Issues

One of the most critical issues with this bill is its lack of clear enforcement mechanisms. The bill does not outline consequences for states that disregard the prohibition. Without specific penalties or systems to enforce compliance, the effectiveness of the bill could be compromised.

Additionally, there is a potential for legal conflicts arising from this federal prohibition intersecting with existing state laws. The bill does not explain how it intends to navigate these potential inconsistencies. Moreover, the term "pregnancy status" remains undefined, which could result in varied interpretations and applications across states, causing further confusion.

Another issue is the lack of specificity in the findings section. While it describes some states' practices that delay divorces due to pregnancy, it does not identify which states are involved. This lack of detail could make it challenging to assess the problem's scope and necessary interventions.

Finally, while the bill mentions the economic implications of divorce and cites the U.S. Constitution's commerce clause as a basis for federal intervention, it fails to provide concrete examples or quantify these impacts, which could weaken the justification for regulatory change.

Impact on the Public Broadly

The bill's passage could remove significant barriers for pregnant individuals seeking to exit potentially harmful or undesirable marriages. By doing so, it would provide greater autonomy and protection for this vulnerable population. In general, the measure addresses a gap in existing divorce legislation and signals a commitment to addressing issues of reproductive coercion and domestic violence.

Impact on Specific Stakeholders

Positive Impacts:

• Pregnant Women and Victims of Domestic Violence: The bill could have a positive impact on pregnant individuals, particularly those experiencing intimate partner violence. By removing pregnancy as a barrier to filing for divorce, these individuals would have more agency in their personal and familial lives, potentially reducing their risk of continued abuse.

• Legal Practitioners and Advocacy Groups: Legal advocates and organizations focusing on women's rights and domestic violence prevention might see this bill as beneficial, providing them with a stronger basis to support affected individuals effectively.

Negative Impacts:

• States with Contradictory Laws: States that currently have laws or practices contradicting this federal mandate may face legal challenges or operational issues as they seek to align state laws with the new federal requirements.

• Courts and Legal Systems: There could be increased complexity and administrative burden for state legal systems tasked with implementing these changes, especially in cases where state laws have historically considered pregnancy in divorce proceedings.

Overall, while the intent behind the Pregnancy Empowerment Act of 2024 is to provide greater protection for pregnant individuals in unhappy marriages, the bill would benefit from additional clarity and enforcement details to ensure its effectiveness and smooth integration with existing legal frameworks.

In examining the financial aspects of the bill labeled H.R. 9196, there are noteworthy references to the costs associated with divorce proceedings and the economic implications they may have. These references highlight the potential financial burden faced by individuals undergoing divorce.

Financial References in the Bill

The bill explicitly mentions several statistics related to the financial costs of divorce:

• The median cost of a divorce in the United States is noted to be $7,000, while the average cost is $15,000. These figures underscore the substantial financial outlay that can accompany a divorce.

• Contested divorces involving child custody debates can escalate to costs exceeding $100,000. This emphasizes how child custody disputes significantly increase the financial stakes during a divorce.

• In fiscal year 2022, the Office of Child Support Services Preliminary Data Report notes that of the $27.4 billion in reported cases, a significant portion, $1.4 billion, came from interstate cases. This illustrates the considerable financial transactions involved in divorce and child support processes that affect interstate commerce.

Financial Implications Related to Issues

In relation to the issues highlighted, there are several points where financial references intersect with concerns about the bill:

1. Missing Consequences for Non-Compliance: The bill does not specify the consequences or enforcement mechanisms for states that disregard the prohibition on considering pregnancy status when filing for divorce. Without specified enforcement, there is uncertainty about how financial resources might be allocated or recovered in such scenarios, particularly if state responses lead to additional legal disputes.

2. Lack of Specifics on Economic Impact: While the bill implies a significant economic impact related to divorce, namely through the high costs of proceedings, there is no direct connection or quantification provided to explain how these costs affect interstate commerce. This could weaken the justification for federal intervention as it relates to the financial implications of divorce proceedings.

3. Potential Legal and Financial Conflicts: If states have differing laws on considering pregnancy status in divorce, the federal prohibition might lead to legal conflicts. These conflicts could translate into legal costs for states and individuals, which are not addressed in terms of potential financial support or appropriations within the bill.

Overall, while the bill provides data on the financial burdens tied to divorce, it lacks specific measures to address the monetary implications of enforcing this legislation and resolving potential conflicts. This leaves open questions about how financial resources will be managed in the implementation of the proposed changes.