 Social Security will pay survivors benefits to your spouse, based on your work record. Comstock Images/Comstock/Getty Images If you've paid in to the Social Security system through payroll taxes, you are entitled to retirement benefits as well as disability benefits, if you're unable to work because of a medical condition. In addition, your spouse may be eligible for survivors benefits should you pass away. There is no citizenship requirement, but survivors must be in the country legally to draw benefits. Basic EligibilityIn order for your spouse to receive survivors benefits, you must be fully insured by Social Security. This means that you must earn at least 40 work credits toward Social Security eligibility. The agency awards a credit for earning a minimum amount of money and paying Social Security taxes on the money. In 2012, one work credit was awarded for each $1,130 of income. You can earn a maximum of four credits in a year. Age RequirementsFor a non-citizen or citizen survivor, Social Security will pay beneficiaries who are at least 60 years of age. The amount of the benefit is permanently reduced if the survivor begins drawing it before full retirement age, which varies from 65 to 67 depending on the year of birth. If a widow is taking care of a minor child under the age of 16, Social Security pays her -- regardless of her age -- 75 percent of a full benefit. The amount of the benefit is based on your own record of earnings. In addition, minor children also receive 75 percent of a full benefit.
Citizenship and ResidencyBy a change in the immigration law in 2009, a non-citizen widow may apply for permanent residency status, no matter how long she was married to a US citizen. Social Security survivors benefits are payable to non-citizens who are in the country legally, either as permanent or temporary residents. The technical term used by Social Security for legal status is "lawful presence," and includes non-immigrants such as refugees or those claiming political asylum. There is no requirement for a survivor -- citizen or non-citizen -- to have worked and paid in to Social Security on her own. Leaving the CountrySocial Security will continue to pay survivors benefits to non-citizens if they leave the country, with some important conditions. It depends on reciprocal treaties and agreements signed by the United States and the country where the survivor moves. If your surviving spouse is not a citizen of a country that pays social insurance benefits to US citizens living within its borders, for example, the survivors benefits stop after the survivor has been outside of the United States for six months. A survivor who is a citizen of France, for example, would be eligible for benefits just as if she remained in the United States; a survivor from Ghana, however, would stop receiving benefits six months after leaving, as there is no agreement between the United States and Ghana. References Writer Bio Founder/president of the innovative reference publisher The Archive LLC, Tom Streissguth has been a self-employed business owner, independent bookseller and freelance author in the school/library market. Holding a bachelor's degree from Yale, Streissguth has published more than 100 works of history, biography, current affairs and geography for young readers. andresr / Getty Images Understanding how your future retirement planning might affect your spouse is important. For Americans married to non-U.S. citizens or residents, there are many instances where a foreign spouse may not be able to claim Social Security benefits depending on varying qualification regulations from a U.S. standpoint and from a foreign country-specific point-of-view. See:
Do I Qualify for Spousal Benefits if I’m in a Civil Union? In general, as a spouse, you can claim a Social Security benefit based on your own earnings record or collect a spousal benefit in the amount of up to 50% of your spouse’s Social Security benefit (but not both). The allowed Social Security retirement benefit for a spouse starts at 32.5% at age 62 and gradually increases to 50% of the amount that their spouse is eligible to receive at normal or full retirement age, which is 66 or 67 depending on their birth year. However, if you are a U.S. citizen married to someone who is neither a citizen nor a resident of the United States, different rules apply depending on your age, the country of your residency and where you choose to live. According to Greenback Tax Services, there are countries that the U.S. has Social Security agreements (or totalization agreements) with and other nations that have benefit payment restrictions placed upon them. To be able to receive Social Security benefits as a foreign spouse:
Social Security Trick: Spousal Adjustment Can Net Lower-Earner Up to 50% of Partner’s Benefit To avoid unexpected impacts on your future incomes, knowing your and your spouse’s Social Security benefit plans is common sense. When a spouse is a non-U.S. resident, it is even more crucial to do your research with a financial planning expert or directly with Social Security because U.S. agreements and foreign government regulations can affect your plans significantly. More From GOBankingRates
David Nadelle is a freelance editor and writer based in Ottawa, Canada. After working in the energy industry for 18 years, he decided to change careers in 2016 and concentrate full-time on all aspects of writing. He recently completed a technical communication diploma and holds previous university degrees in journalism, sociology and criminology. David has covered a wide variety of financial and lifestyle topics for numerous publications and has experience copywriting for the retail industry. Learn More |
Can a non citizen spouse receive social security benefits
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