H.R. 5701: Fair Social Security for Domestic Violence Survivors Act

This bill, titled the **Fair Social Security for Domestic Violence Survivors Act**, aims to modify certain Social Security benefits eligibility rules for individuals who are survivors of domestic violence. Below are the key elements of the bill:

Modification of Marriage Duration Requirement

Currently, to qualify for spousal benefits under Social Security, a marriage must last at least **10 years**. This bill proposes that for divorced individuals who are victims of domestic violence during their marriage, this duration requirement would be reduced to **5 years**.

Eligibility and Documentation

To take advantage of this provision, a divorced person must provide a **court finding** that they were a victim of domestic violence committed by their spouse during the marriage. This documentation will be necessary to prove eligibility for the modified duration requirement.

Impact on Social Security Benefits

The bill specifies that if a divorced spouse (either a husband or wife) can demonstrate they were a victim of domestic violence, the Social Security Administration will apply the **5-year** rule instead of the **10-year** rule when determining eligibility for spousal or surviving spouse benefits.

Definition of Domestic Violence

The term **domestic violence** is defined according to the Violence Against Women Act of 1994, ensuring that the scope of this bill aligns with established legal definitions.

Termination of Benefits Considerations

The bill also addresses the terms under which Social Security benefits may be terminated for divorced spouses. It states that if a court finds that the divorced spouse was a victim of domestic violence, this will affect the guidelines for terminating spousal benefits.

Effective Date

The proposed amendments are set to take effect for monthly insurance benefits beginning **18 months** after the bill is enacted.

Relevant Companies

None found