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

This section amends the Social Security Act to allow divorced wives, divorced husbands, divorced women, and divorced men who provide the Commissioner of Social Security with a court finding of domestic violence (as defined in the Violence Against Women Act of 1994) committed by the former spouse during the marriage to satisfy the 10-year marriage duration requirement with 5 years by (1) modifying the definitions of "divorced wife" and "divorced husband"; (2) altering the termination rule for wife's insurance benefits; and (3) altering the termination rule for husband's insurance benefits. (As background, these benefits allow eligible ex-spouses to receive up to 50% of the worker's primary insurance amount if the marriage lasted at least 10 years, generally without reducing the worker's benefit.) The amendments apply to monthly insurance benefits for months beginning at least 18 months after enactment.