H.R. 5701

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5701 Introduced in House (IH)]

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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.

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IN THE HOUSE OF REPRESENTATIVES

October 6, 2025

Mrs. Sykes introduced the following bill; which was referred to the 
Committee on Ways and Means

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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.
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