Thailand confirms Social Security rights for all spouses

Thailand's government has confirmed that spouses of any gender who are legally married can receive Social Security benefits under the same rules and conditions as other married couples.

The announcement, made on 15 August 2026 by deputy government spokesperson Ploytalay Laksameesaengchan, follows the introduction of the Civil and Commercial Code amendment of 2024, widely known as the Marriage Equality Act. The law changed the definition of marriage from "a man and a woman" to "two persons".

The government said the change means legally registered couples of all genders are recognised as lawful spouses and receive equal protection of their rights.

For foreign residents in Thailand, the announcement is relevant to those insured through the Social Security Office, including employees covered under Section 33 and former employees continuing voluntary coverage under Section 39. Eligibility depends on being legally married and meeting the Social Security Office's conditions, so insured people should check their registration and beneficiary paperwork.

Death benefits and funeral payments

Where an insured person has formally named a beneficiary in writing, death assistance payments will be made to that person under the applicable rules.

If no beneficiary has been named, payments are made in order of entitlement. A legally registered husband or wife comes first, followed by parents. If the parents were not married, only the mother is eligible. Children, including legally adopted children, are next in line.

A spouse can also arrange the insured person's funeral and apply to the Social Security Office for funeral costs. The payment is a flat-rate 50,000 baht, subject to the stated rules and conditions.

Old-age gratuity rules

For insured people under Sections 33 and 39 who die before receiving an old-age pension, eligible heirs can receive the old-age gratuity. This includes the insured person's contributions and investment returns.

Legitimate children receive two shares, or three shares in total where there are three or more children. A legally registered husband or wife receives one share, while surviving parents receive one share.

A person named by the insured in writing is entitled to one share alongside the heirs. If there are no heirs and no named beneficiary, payments follow a further order: full siblings, half-siblings, grandparents, and then aunts and uncles.

Ploytalay said insured people may name someone who is not an heir as their beneficiary by making a written declaration in advance. This can help ensure payments are made in line with the insured person's wishes.

Two-year deadline for claims

Eligible claimants have two years from the insured person's death to apply for death-related benefits. Applications can be made at provincial Social Security Offices or Bangkok-area Social Security Offices nationwide.

The government urged insured people to review their rights and prepare complete documents.

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16 August 2026

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