Fair Social Security for Domestic Violence Survivors Act
Summary
The "Fair Social Security for Domestic Violence Survivors Act" aims to amend Title II of the Social Security Act. It modifies the 10-year marriage rule for spouses and surviving spouses seeking insurance benefits in cases of domestic violence. The bill reduces the marriage duration requirement to 5 years for those who can provide a court finding of domestic violence.
Expected Effects
This act will allow individuals who have experienced domestic violence during a marriage shorter than 10 years, but longer than 5, to be eligible for Social Security benefits based on their spouse's or former spouse's record. This change provides a safety net for vulnerable individuals who may have left a marriage due to abuse and face financial hardship.
Potential Benefits
- Provides financial support to domestic violence survivors who may not meet the current 10-year marriage requirement.
- Recognizes the impact of domestic violence on individuals' ability to become financially independent.
- Aligns Social Security benefits with the realities of abusive relationships and shorter marriages.
- Offers a potential pathway to economic stability for survivors, improving their overall well-being.
- May encourage survivors to leave abusive situations knowing they have a better chance of accessing benefits.
Potential Disadvantages
- Could potentially increase the number of Social Security benefit claims, placing additional strain on the system.
- May require additional administrative processes to verify domestic violence claims, increasing costs.
- The definition of domestic violence relies on a court finding, which may not be accessible to all survivors.
- Potential for fraudulent claims, although the requirement of a court finding mitigates this risk.
- The 18-month delay before the effective date could delay assistance for those in immediate need.
Constitutional Alignment
The bill aligns with the Constitution's broad goals of promoting the general welfare and establishing justice, as stated in the Preamble. By providing a safety net for domestic violence survivors, the bill aims to support a vulnerable population and address potential inequities in the Social Security system.
However, the Constitution does not explicitly address Social Security benefits or marriage requirements. The power to legislate in this area is generally understood to fall under Congress's authority to provide for the general welfare.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).