Fair Social Security for Domestic Violence Survivors Act
This bill, the Fair Social Security for Domestic Violence Survivors Act, would modify the Social Security Administration’s marriage-duration rules for spousal and survivor benefits. Specifically, it allows the 10-year marriage requirement to be reduced to 5 years in cases where a court finds that the former spouse was a victim of domestic violence during the marriage. The law defines domestic violence using the Violence Against Women Act (VAWA) standard. The changes apply to divorced individuals (both women and men) who can demonstrate a court finding of DV, and would affect the eligibility rules for both divorced spouses and divorced surviving spouses. The amendments would take effect for monthly insurance benefits for months beginning at least 18 months after enactment.
Key Points
- 1The 10-year marriage requirement for eligibility to receive certain spousal and survivor benefits is reduced to 5 years if there is a court finding that the divorced spouse was a victim of domestic violence during the marriage.
- 2Domestic violence must be evidenced by a court finding and is defined using the same meaning as in VAWA 1994 (section 40002(a)).
- 3The reduction to 5 years applies to both divorced wives and divorced husbands, as described in the bill’s cross-referenced categories.
- 4The amendments modify existing sections of the Social Security Act: 216(d) (definition/criteria), 202(b) (divorced wives), and 202(c) (divorced husbands).
- 5Effective date: applies to monthly benefits for months beginning at least 18 months after enactment, creating a phased start.