H.R. 7020 – Fair Social Security for Domestic Violence Survivors Act

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Updated February 8, 2026 at 9:56 AM UTC

The Fair Social Security for Domestic Violence Survivors Act changes the Social Security rules that normally require a former spouse to have been married for at least 10 years to keep certain benefits. It reduces that period to five years for divorced individuals who can prove they were victims of domestic violence during the marriage. The change applies to both spouse and survivor benefits and takes effect for benefits starting at least 18 months after the law is enacted.

Key Provisions

Allows a divorced spouse who provides a court finding of domestic violence to have the 10‑year marriage requirement for Social Security spousal or survivor benefits reduced to five years.
Applies the reduced five‑year rule to both divorced wives and divorced husbands.
Uses the definition of “domestic violence” from the Violence Against Women Act.
The new rule becomes effective for benefit months beginning at least 18 months after enactment.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

Ways and Means Committee

March 9, 2022

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HouseIntro Referral

Introduced in House

March 9, 2022

HouseIntro Referral

Referred to the House Committee on Ways and Means.

Ways and Means Committee

March 9, 2022

Bill Text

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Introduced in HouseIssued March 9, 2022

I

117th CONGRESS

2d Session

H. R. 7020

IN THE HOUSE OF REPRESENTATIVES

March 9, 2022

Mr. Delgado (for himself and Mr. Joyce of Ohio) 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 spouse’s and surviving spouse’s insurance benefits in cases of domestic violence, and for other purposes.

1.

Short title

This Act may be cited as the Fair Social Security for Domestic Violence Survivors Act.

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.