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goggleye

US social security for a spouse

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goggleye

I have been reading old posts on the topic of Social Security pension for a surviving spouse.

this is my understanding that I hope someone can verify.   

I am divorced     She just came to the USA with me    I am 61 years old.  I want to work at least about  4 more years   In 4 years I would be eligible for Medicare and a good part of my SS pension since I would retire at age 65 instead of waiting until I am 66 1/2 for a full SS pension.   (plus two teacher pensions)

- I know she can avail of my social security pension when she has been married to me 10 years.   

- She has to live with me in the USA for 5 years to get a pension when she reaches the age required.

-If she becomes a US citizen in 3 or 4 years   the 5 years of US residency is no longer necessary   

Anyone know if all these assumptions are correct?

Anyone have any other considerations I should be aware of?

Thanks ahead for any clarifications on this.  ☺️

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Chris24

To clarify, is this your ex-wife who came with you to the US and you're wanting to confirm the requirements and timing for her to be able to draw SS 1) as a spousal benefit on your record while both of you are living and 2) as a widow's benefit on your record should you pass away?

 

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goggleye

its  my new second wife from the philippines -  thinking of when I die - I want to make sure she can eventually receive spousal benefits   -   I know my ex-wife can recieve my social security benefits.

thanks 

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Chris24

I've read that the marriage requirement for widow's benefits is 9 month, but I'm  certainly no expert on SS. I'll see if I can find an SSA link confirming that.

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Chris24

Probably the best thing to do is make an appointment with a social security advisor, as there are wrinkles you'll want to be certain about such as getting her an SS number, making sure that your marriage is recognized in the U.S. if it happened elsewhere, and getting accurate info on what the U.S. residence requirement is for her if there is one, understanding how citizenship factors in, whether there is any impact if she wants to move back to the Philippines should you pass away, etc.  Also are there any children and if you adopt them what is the impact.

 

To point though, here is the federal code governing widow's benefits.  It looks to me like the marriage requirement is 9 months. 

https://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm

 

And here is the federal code governing spousal benefits while you are both still living.  It looks to me like the marriage requirement is 1 year, and that she would be eligible to draw on your record when she reaches age 62 provided you have also begun drawing.

https://www.ssa.gov/OP_Home/cfr20/404/404-0330.htm

 

 

 

 

 

 

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goggleye

thanks for the links   I will spend some time reading them. I appreciate your effort to answer my questions 

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Salty Dog

I'm not aware of a ten year rule, but it seems you have a good handle on everything else.

I think the ten year rule may apply to an ex-spouse for them to collect social security.

I don't know how old your wife is, but she has to be 60 to collect survivors benefits...

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smokey
Posted (edited)

My understanding is at 62 she can get 33%of what you get if your collrcting not sure on two x wives if they share or what.   But i was told must be us citz to collect as its not her income.  The divorced part is confusing not sure they would give based on the divorce if they did a women could tech marry and divorce 20 guys well old guys and collect from each better make appointment with ss

Edited by smokey
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