Can my Thai wife collect SS benefits after I pass

[kbelyeu]

Does anyone know if your spouse is able to collect social security benefits after you pass? This is for the US folks in the crowd.

Kurt

[lopburi3]

You are talking only about spouse and she is/will be living in Thailand and not also an American citizen? Will leave for others to answer but suspect this information is important.

[mackayae]

Only if she is a US citizen or has lived in the US for 5 years.

[Thanyaburi Mac]

"... has lived in the US for 5 years."

And, that five years must be AFTER the marriage, the event that made the spouse potentially eligible for Survivors Benefits.

Mac

[bunnydrops]

Also the 5 years does not have to be continuous. I have a friend who moved back with his wife to finish her last year. They have been living back and forth for the last 7 years.

[chuckd]

I have a friend whose wife spent 4 years and 5 months in the US before being forced to return due to her mother's health.

He returned his wife to the US some five months ago to complete her required years in the US. She is due out next month.

[IMA_FARANG]

Only if she is a US citizen or has lived in the US for 5 years.

---------------------------

IF, and it is a big if, you have a dependent minor child by your marriage she may qualify for support for your dependent child until that child comes of age or your child is attending school (university) even after your death.

Depending on the circumstances the wife MIGHT be eligible for payments to support a dependent child even after her husband passed away as long as the child remained in school.

But that would be decided on the particular circumstances of the case.

Edited September 1, 2015 by IMA_FARANG

[CaptHaddock]

If the Thai wife were an American citizen she would be eligible to receive both spousal benefits (while the husband is alive) and widow's benefits (after he dies.) There is no residency-in-the-US requirement for an American citizen. If she is not a citizen she still could still be entitled to both benefits if she had lived with her husband legally in the US, i.e. because she had a green card, for five years. Otherwise, she is not eligible.

[kbelyeu]

Thanks for all the answers!

Kurt

[watgate]

What official marriage is recognized by the US Government for purposes of a Thai spouse being eligible for ss benefits? Would a buddhist ceremony suffice or does one need a civil marriage whether performed in Thailand or in the US? Any clarification would be appreciated.

[lopburi3]

A legal marriage in Thailand, by Thai law, is one that is registered in a District Office - and that is what the USA recognizes as legal. But if married elsewhere it would the the requirements of that jurisdiction.

[umbanda]

Every answer about the 5 years rule looks right....but also looks like that in any case wil be only 60% of the husband total benefits.

[CaptHaddock]

Every answer about the 5 years rule looks right....but also looks like that in any case wil be only 60% of the husband total benefits.

If the wife is eligible, i.e. is either a US citizen or lived in the US for at least 5 years as a green card holder, then she is eligible to spousal benefits if both her husband has filed for benefits and she has reached at least age 62. Spousal benefits are approximately half of the Primary Insurance Amount of the husband. However, if the husband were to die before the wife in this case, she would lose her spousal benefit and get the widow's benefit which is 100% of the husband's PIA. Taking benefits for either the husband or wife earlier than Full Retirement Age reduces them while delaying taking the benefits after Full Retirement Age earns the beneficiary Delayed Retirement Credits which increase the subsequent payout independent of cost of living increases which both parties would automatically receive.

[Pib]

This article from Taxes for Expats seems to sum it up pretty well regarding Rules for Foreign Spouses Receiving Social Security Benefits: Link

Generally, a wife drawing spousal benefits basically gets 50% of the husband's spouse's full Primary Insurance Amount (PIA) if the wife waits to her full retirement age to start drawing the benefit. If she starts at 62 it's approx 35%. Once the husband dies the wife's spousal benefit would increase to whatever the husband was drawing.

[4evermaat]

Only if she is a US citizen or has lived in the US for 5 years.

---------------------------

IF, and it is a big if, you have a dependent minor child by your marriage she may qualify for support for your dependent child until that child comes of age or your child is attending school (university) even after your death.

Depending on the circumstances the wife MIGHT be eligible for payments to support a dependent child even after her husband passed away as long as the child remained in school.

But that would be decided on the particular circumstances of the case.

When I first applied for the US Passport for my son in Bangkok, I was given the opportunity to apply for SSN. The consular specifically mentioned that he is entitled to benefits if I should pass. I was/is not married. But my son would need SSN to claim any benefits. Later on, I went ahead and got the SSN for him just in case.

I did want to confirm that the son, who is already a US citizen, is entitled to receive some minimum support until he is 18. What would the mom have to do to claim this?

If I remember, I'll try to email the embassy also.

[TuskegeeBen]

For heaven sake man, go to www.ss.gov/myaccount_ or consult with Citizen Services @ the U.S. Embassy, to get the (non-opinionated) "straight scoop" regarding your particular circumstances. Capiche?

Edited September 25, 2015 by TuskegeeBen

[TuskegeeBen]

Edited September 25, 2015 by TuskegeeBen

[BB1955]

I looked into this a while back and got comfirmation from Manila office . If your wife lived with you in the USA for 5 years . When you die and she turns 60 she can collect as long as she does not re marry before turning 60 . What percentage she would get I did not get a straight answer . Also I am unclear if she can collect before you die and she reaches retirment age . My understanding is if she worked 40 quarters in the usa she can collect but must reside in the USA if not an amrican citizen ... when she reaches retirment age . Please correct me if im wrong ...

[CaptHaddock]

I looked into this a while back and got comfirmation from Manila office . If your wife lived with you in the USA for 5 years . When you die and she turns 60 she can collect as long as she does not re marry before turning 60 . What percentage she would get I did not get a straight answer . Also I am unclear if she can collect before you die and she reaches retirment age . My understanding is if she worked 40 quarters in the usa she can collect but must reside in the USA if not an amrican citizen ... when she reaches retirment age . Please correct me if im wrong ...

Partly right and partly wrong.

As I explained above, if she lived with the husband in the US legally for at least five years after marriage then she is fully qualified to receive both spousal (while the husband is alive) and widow's benefits just the same as a wife who is a US citizen. So she can collect spousal benefits based on the husband's earning beginng at 62 or wait and earn Delayed Retirement Credits up until as old as 70.

Just as with a citizen wife, an eligible foreign wife does not have to have worked a day in her life, much less 40 quarters, to receive benefits based on her husbands SS covered earnings. She does not have to reside in the US. Indeed, if her green card has lapsed because she has been out of the US for more than a year she would likely be denied entry once her husband has passed away.

If the foreign wife did work in the US and pay payroll taxes, she is eligible for SS benefits on her own record. When she applied for benefits she would generally receive the larger of her own benefits or the benefits (spousal or widow's) based on her husband's record. Just the same as a citizen wife. The portion of the husband's SS benefits that she would receive depends on her age at the time she files.

[BB1955]

I looked into this a while back and got comfirmation from Manila office . If your wife lived with you in the USA for 5 years . When you die and she turns 60 she can collect as long as she does not re marry before turning 60 . What percentage she would get I did not get a straight answer . Also I am unclear if she can collect before you die and she reaches retirment age . My understanding is if she worked 40 quarters in the usa she can collect but must reside in the USA if not an amrican citizen ... when she reaches retirment age . Please correct me if im wrong ...

Partly right and partly wrong.

As I explained above, if she lived with the husband in the US legally for at least five years after marriage then she is fully qualified to receive both spousal (while the husband is alive) and widow's benefits just the same as a wife who is a US citizen. So she can collect spousal benefits based on the husband's earning beginng at 62 or wait and earn Delayed Retirement Credits up until as old as 70.

Just as with a citizen wife, an eligible foreign wife does not have to have worked a day in her life, much less 40 quarters, to receive benefits based on her husbands SS covered earnings. She does not have to reside in the US. Indeed, if her green card has lapsed because she has been out of the US for more than a year she would likely be denied entry once her husband has passed away.

If the foreign wife did work in the US and pay payroll taxes, she is eligible for SS benefits on her own record. When she applied for benefits she would generally receive the larger of her own benefits or the benefits (spousal or widow's) based on her husband's record. Just the same as a citizen wife. The portion of the husband's SS benefits that she would receive depends on her age at the time she files.

Wow thats something I had not been told .