Betsy Rosecan, NOSSCR Government Relations Director

On October 6, 2025, Representative Emilia Sykes (D-OH) introduced H.R. 5701, the Fair Social Security for Domestic Violence Survivors Act. The bill has no cosponsors and has been referred to the House Committee on Ways and Means.

If enacted, the legislation would amend title II of the Social Security Act to reduce the marriage duration requirement for divorced spouses and surviving spouses seeking benefits in cases involving domestic violence. Under the proposal, individuals who provide a court finding that they were victims of domestic violence committed by their spouse during the marriage would be eligible for spousal or survivor benefits after five years of marriage, rather than ten. The amendments would apply equally to men and women and would take effect for monthly insurance benefits beginning at least 18 months after the date of enactment.

Bill Details:

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.