Bill Summary
The "Fair Social Security for Domestic Violence Survivors Act" aims to amend the Social Security Act, specifically the rules governing spousal and surviving spouse insurance benefits. The key provision of the legislation modifies the existing 10-year marriage requirement for divorced individuals seeking benefits. Under this amendment, if a divorced individual can provide a court finding that they were a victim of domestic violence during their marriage, the requirement is reduced from 10 years to 5 years. This change applies to both divorced women and men, ensuring that survivors of domestic violence have improved access to Social Security benefits. The legislation defines "domestic violence" according to the Violence Against Women Act of 1994 and stipulates that these amendments will take effect 18 months after the bill's enactment.
Possible Impacts
The "Fair Social Security for Domestic Violence Survivors Act" modifies the existing 10-year marriage rule for Social Security benefits in cases of domestic violence. Here are three examples of how this legislation could affect people:
1. **Increased Access to Benefits for Survivors**:
- Survivors of domestic violence who were married for less than 10 years may now qualify for spousal or survivor benefits after just 5 years of marriage. This modification provides financial support for individuals who may have left abusive relationships early, allowing them to access Social Security benefits without meeting the previous 10-year requirement. This change can significantly aid their economic stability and recovery.
2. **Empowerment for Victims to Leave Abusive Relationships**:
- Knowing that they can access Social Security benefits sooner can empower individuals in abusive situations to leave their partners. The reduction in the marriage duration requirement from 10 to 5 years may encourage victims to seek help and end their marriages, as they will not face the financial uncertainty that often accompanies leaving an abusive relationship. This can lead to improved mental and physical well-being for survivors.
3. **Legal and Administrative Support**:
- The legislation requires survivors to provide a court finding of domestic violence to qualify for the modified benefits. This may necessitate that survivors engage with the legal system, which can be both a challenge and an opportunity. While it may create additional steps for obtaining benefits, it can also help validate their experiences and provide a clearer path to receiving support. Additionally, it may lead to increased awareness and resources for domestic violence victims navigating the legal system.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5701 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5701
To amend title II of the Social Security Act to modify the 10-year
marriage rule relating to spouses and surviving spouses insurance
benefits in cases of domestic violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2025
Mrs. Sykes introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to modify the 10-year
marriage rule relating to spouses and surviving spouses insurance
benefits in cases of domestic violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Social Security for Domestic
Violence Survivors Act''.
SEC. 2. MODIFICATION OF 10-YEAR MARRIAGE RULE IN CASES OF DOMESTIC
VIOLENCE.
(a) In General.--Section 216(d) of the Social Security Act (42
U.S.C. 416(d)) is amended by adding at the end the following:
``(9)(A) In the case of a divorced woman described in paragraph (1)
or (2) or a divorced man described in paragraph (4) or (5) who provides
to the Commissioner of Social Security a finding made by a court of law
that the divorced woman or divorced man was the victim of domestic
violence committed by the spouse during the course of the marriage,
such paragraph as may be applicable with respect to such divorced woman
or divorced man shall be applied for purposes of this title by
substituting `5 years' for `10 years'.
``(B) For purposes of subparagraph (A), the term `domestic
violence' has the meaning given such term in section 40002(a) of the
Violence Against Women Act of 1994.''.
(b) Termination of Wife's Insurance Benefits.--Section 202(b) of
the Social Security Act (42 U.S.C. 402(b)) is amended by adding at the
end the following:
``(5) In the case of any divorced wife who provides to the
Commissioner of Social Security a finding made by a court of law that
the divorced wife was the victim of domestic violence (as defined in
section 216(d)(9)(B)) committed by the spouse during the course of the
marriage, clause (ii) of paragraph (1)(G) shall be applied by
substituting `5 years' for `10 years'.''.
(c) Termination of Husband's Insurance Benefits.--Section 202(c) of
the Social Security Act (42 U.S.C. 402(c)) is amended by adding at the
end the following:
``(5) In the case of any divorced husband who provides to the
Commissioner of Social Security a finding made by a court of law that
the divorced husband was the victim of domestic violence (as defined in
section 216(d)(9)(B)) committed by the spouse, clause (ii) of paragraph
(1)(G) shall be applied by substituting `5 years' for `10 years'.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to monthly insurance benefits for months beginning
at least 18 months after the date of enactment of this Act.
<all>