Reps. Delgado, Joyce Introduce Bipartisan Bill to Expand Access to Social Security Benefits for Domestic Violence Survivors

Statement

Date: March 9, 2022
Location: Washington, DC
Issues: Marriage

Today, U.S. Representatives Antonio Delgado (NY-19) and David P. Joyce (OH-14) introduced a bipartisan bill to expand access to Social Security spousal benefits for divorced individuals who ended their marriage due to domestic abuse. The Fair Social Security for Domestic Violence Survivors Act will make social security spousal benefits available to victims of domestic violence following a divorce after just 5 years of marriage. The current minimum marital threshold is 10 years.

"Survivors of domestic violence should not be penalized for leaving their abusive marriage," said Rep. Delgado. "Our bipartisan Fair Social Security for Domestic Violence Survivors Act will help ensure survivors are supported when they leave a dangerous relationship. I am proud to announce this bipartisan legislation with my Republican colleague Rep. Joyce and I will keep working to advocate for the safety and wellbeing of survivors."

"During my 25 years as a prosecutor, I witnessed first-hand how domestic violence impacts victims and their loved ones," said Congressman Dave Joyce, a Co-Chair of the Bipartisan Task Force to End Sexual Violence. "Sadly, financial insecurity is one of the main factors that can cause a victim of domestic violence to stay in or return to an abusive relationship. That's why I'm proud to join Congressman Delgado in introducing this important piece of legislation. Our bipartisan bill will help release individuals in abusive relationships from financial reliance on their abuser and empower them to take the steps necessary to ensure their safety."

"99% of survivors of physical intimate partner violence also experience financial abuse," said Ruth M. Glenn, President/CEO of the National Coalition Against Domestic Violence. "Abusers undermine their victims employment and restrict their access to household finances, leaving them dependent on the abuser for basic necessities. Survivors who are able to escape often find themselves destitute. This critical bill recognizes the long-term financial impacts of domestic violence on survivors and ensures that survivors are not penalized in their Social Security benefits for leaving an abusive partner, if they have been married for at least five years."

The Social Security Act entitles a divorced spouse to insurance benefits--given they are over the age of 62 and have not remarried--if their marriage lasted at least 10 years. This decade-long requirement to qualify for aid places a significant burden on survivors of domestic violence, many of whom leave abusive marriages to protect their personal safety.

The Fair Social Security for Domestic Violence Survivors Act cuts this 10-year marriage requirement in half for cases of domestic abuse. Social Security spousal benefits should not incentivize the continuation of abusive relationships, and lengthy time qualifications for insurance may have that effect. By reducing the minimum marital period to 5 years in cases of divorce due to domestic violence, this bill aims to support the freedom and recovery of survivors.


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